EXHIBIT 1
AGREEMENT FOR PROFESSIONAL, TECHNICAL, OR EXPERT SERVICES
CONTRACT NO. ______
PORTLAND AERIAL TRAM
PRE-CONSTRUCTION SERVICES
This contract is between the City of Portland, acting by and through its elected officials, hereafter called “City.” and Kiewit Pacific Co, hereafter called “Contractor”. The City’s Project Manager for this contract is Matthew E. Brown.
Effective Date and Duration
This contract shall become effective upon execution by all parties. This contract shall expire, unless otherwise terminated or extended, on January 31, 2005.
Statement of Work
(a) The statement of work is contained in EXHIBIT A attached hereto and by this reference made as part hereof.
Consideration
(a) City agrees to pay Contractor a sum $12,000.00 for accomplishment of the work in EXHIBIT A, sections I and II.
(b) Payments shall be made to Contractor in accordance with EXHIBIT A, sections III and IV.
(c) The City has established an Owner’s Contingency in the amount of $50,000 for extra work that the City may authorize at its sole discretion, and agrees to pay the Contractor for authorized extra work, in accordance with EXHIBIT A, section V.
(d) City and Contractor agree to enter into negotiations with the intent to enter into a Construction Contract, in accordance with Exhibit A, sections II and VI.
Terms and conditions listed on the attached pages.
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Name (please print): Kiewit Pacific Co.
Address: 2200 Columbia House Blvd., Vancouver, WA 98661
Social Security #: ________________________________
Federal Tax ID #: 470647803 State Tax ID #: ________ Business License #: 364174
Citizenship: Nonresident alien __ Yes ü No
Business Designation: Corporation
Payment information will be reported to the IRS under the name and taxpayer I.D. number provided above. Information must be provided prior to contract approval. Information not matching IRS records could subject you to 20 percent backup withholding.
I, the undersigned, agree to perform work outlined in this contract in accordance to the terms and conditions (listed on Standard Contract Provisions page and made part of this contract by reference) and the statement of work made in part of this contract by reference; hereby certify under penalty of perjury that I/my business am/is not in violation of any Oregon tax laws; herby certify that my business is certified as an Equal Employment Opportunity Affirmative Action Employer as prescribed by Chapter 3.100 of Code of the City of Portland; and hereby certify I am an independent contractor as defined in ORS 670.600.
Approved by the Contractor: __________________________________________________ ________________
Signature/Title ` Date
CITY OF PORTLAND SIGNATURES
Approved by Mayor or Commissioner: _______________________________________________________________
Elected Official or Delegate Date
Approved by Purchasing Agent: _______________________________________________________________
Purchasing Agent Date
Approved by City Auditor: _______________________________________________________________
City Auditor Date
Approved as to form by City Attorney: _______________________________________________________________
Office of City Attorney Date
CITY OF PORTLAND
STANDARD CONTRACT PROVISIONS FOR
PROFESSIONAL, TECHNICAL & EXPERT SERVICES (MANDATORY PROVISIONS)
1. Access to Records
The Contractor shall maintain, and the City of Portland (“City”) and its duly authorized representatives shall have access to the books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City.
2. Audits
(a) The City, either directly or through a designated representative, may conduct financial and performance audits of the billings and services specified in this agreement at any time in the course of the agreement and during the three (3) year period established by section 1, Access to Records. Audits will be conducted in accordance with generally accepted auditing standards as promulgated in Government Auditing Standards by the Comptroller General of the United States General Accounting Office.
(b) If an audit discloses that payment to the Contractor were in excess of the amount to which the Contractor was entitled, then the Contractor shall repay the amount of the excess to the City.
(c) If any audit shows performance of services is not efficient in accordance with Government Auditing Standards, the City may pursue remedies provided under section 3, Early Termination of Agreement and section 5, Remedies.
3. Early Termination of Agreement
(a) The City and the Contractor, by mutual written agreement, may terminate this Agreement at any time.
(b) The City, following thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate in its sole discretion.
(c) Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the break and of the party’s intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination.
4. Payment on Early Termination
(a) In the event of termination under section 3, Early Termination of Agreement, the City shall pay the Contractor for work performed in accordance with Exhibit A, sections III and IV.
(b) In the event of early termination, section 9, Ownership of Work Product, shall apply.
5. Remedies
(a) In the event of termination under subsection 3(c) Early Termination of Agreement, by the City due to a breach by the Contractor, the City may complete the work either itself, by agreement with another contractor or by a combination thereof.
(b) In the event of breach of this Agreement by either the City or the Contractor, the remedy available to each party shall be limited to termination of the Agreement and final payment as provided in section 4, Payment on Early Termination.
6. Subcontracts and Assignment
Contractor shall not subcontract, assign or transfer any of the work scheduled under this agreement, without the prior written consent of the City. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder. The Contractor agrees that if subcontractors are employed in the performance of this Agreement, the Contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers’ Compensation.
7. Compliance with Applicable Law
In connection with its activities under this Agreement, Contractor shall comply with all applicable federal, state and local laws and regulations. Contractor shall complete Exhibit B, Independent Contractor/Workers’ Compensation Insurance Questionnaire, which is attached hereto and by this reference made a part hereof.
7a. Indemnity – Claims for Other than Professional Liability
Contractor shall defend, save, and hold harmless the City of Portland, its officers, agents, and employees, from all claims, suits, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of the Contractor or its subcontractors, agents or employees under this agreement.
7b. Indemnity – Standard of Care
If Contractor’s services involve consulting, the standard of care applicable to Contractor’s service will be the degree of skill and diligence normally employed by consultants performing the same or similar services at the time such services are performed. Contractor will re-perform any services not meeting this standard without additional compensation.
7c. Design Liability
The City is responsible for the Project Design. To the extent permitted by the Oregon Constitution and within the limits of the Oregon Tort Claims Act, ORS 30.260 et. Seq., the City shall indemnify and hold harmless the Contractor from claims due to design errors, negligence, or acts of omissions related to the Project Design and design assumptions. The City or the Designer will be the Engineer of Record, and all responsibilities customarily assigned to the Engineer of Record shall remain the responsibility of the City, Design Engineer, or Design Architect. The Contractor, in working closely with the City, Design Engineer, and/or Design Architect shall assume no design responsibility or liability whatsoever, expressed or implied.
8. Insurance
Exhibits B and C are hereby referenced and made a part of this contract.
9. Ownership of Work Product
All work products of the Contractor that result from this contract are the exclusive property of the City. Proprietary information used as or included in support of work product shall not be released for use or distribution beyond the project team without the prior consent of Contractor.
10. Nondiscrimination
Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitations statutes, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Pub. I. No. 101-336) including Title II of that Act, ORS 659-425, and all regulations and administrative rules established pursuant to those laws.
11. Successors in Interest
The provisions of this contract shall be binding upon and shall insure the benefit of the parties hereto, and their respective successors and approved assigns.
12. Severability
The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid.
13. Waiver
The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision.
14. Governing Law
The provisions of this contract shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Multnomah County Oregon.
15. Amendments
All changes to this contract, including changes to the scope of work and contract amount, must be made by written amendment and approved by the Purchasing Agent to be valid. Any amendment that increases the original amount by 25% or more must be approved by the City Council to be valid. Payment for extra work or added scope shall be agreed to in writing prior to the work to be performed to the satisfaction of both parties. In the event that the City elects to use any potion of the owner’s contingency, the parties will execute an amendment to this contract in writing, which will be signed by both the City’s Project Manager and the Contractor’s Project Sponsor. Until such amendment is signed, no payment of the contingency to the Contractor will be authorized.
16. Business License
The Contractor shall obtain a City of Portland business license as required by PCC 7.02.030 prior to beginning work under this Agreement. The Contractor shall provide a business license number in the space provided on page one of this Agreement.
17. Prohibited Interest
(a) No City officer or employee during his or her tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
(b) No City officer or employee who participated in the award of this Agreement shall be employed by the Contractor during the period of the Agreement.
18. Payment to Vendors and Subcontractors
The Contractor shall timely pay all suppliers, lessors and contractors providing it services, materials or equipment for carrying out its obligations under this Agreement. The Contractor shall not take or fail to take any action in a manner that causes the City or any materials that the Contractor provides hereunder to be subject to any claim or lien of any person without the City’s prior written consent.
Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION, OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION, OR CHANGE IF MADE, SHALL BE EFFECTIVE ONLY IN SPECIFIC INSTANCES AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ THIS CONTRACT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
OPTIONAL PROVISIONS (selected by City Project Manager)
19. Arbitration: / X- Not Applicable /__ / Applicable (consult with City Attorney’s Office before finalizing as applicable)
(a) Any dispute arising out of or in connection with this Agreement, which is not settled by mutual agreement of the Contractor and the City within sixty (60) days of notification in writing by either party, shall be submitted to an arbitrator mutually agreed upon by both parties. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (Civil) of the Circuit Court of the State of Oregon for the County of Multnomah. The arbitrator shall be selected within thirty (30) days from the expiration of the sixty (60) day period following notification of the dispute. The arbitration, and any litigation arising out of or in connection with this Agreement, shall be conducted in Portland, Oregon, shall be governed by the laws of the State of Oregon, and shall be as speedy as reasonably possible. The applicable arbitration rules for the Multnomah County courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within forty-five (45) days of the first meeting with the Contractor and the City. Insofar as the Contractor and the City legally may do so, they agree to be bound by the decision of the arbitrator.
(b) Notwithstanding any dispute under this Agreement, whether before or during arbitration, the Contractor shall continue to perform its work pending resolution of a dispute, and the City shall make payments as required by the Agreement for undisputed portions of work.
20. Progress Reports: /__ / Applicable / X / Not Applicable
The Contractor shall provide monthly progress reports to the Project Manger. If applicable, Exhibit A should list what information the Contractor must include in monthly progress reports.
21. Contractor’s Personnel: / X / Applicable /__ / Not Applicable
The Contractor shall assign the following personnel to do the work in the capacities designated:
Bruce Patterson, Project Superintendent
Bob Elliott, Project Sponsor/Project Manager
The Contractor may not remove these personnel from the project without the written concurrence of the City Project Manager.
EXHIBIT A – AGREEMENT FOR PROFESSIONAL, TECHNICAL OR EXPERT SERVICES
Statement of the Work and Payment Schedule
I. Pre-Construction Phase: Statement of WORK Tasks
A. Consult with, advise, assist and make recommendations to PATI, the City and Project Team on all aspects of the design and of planning for construction.
B. Provide a master project schedule, inclusive of critical links to designer and Doppelmayr deliverables, and update as necessary.
C. Provide input as to current construction industry practices and participate in decisions regarding value engineering, delivery schedules, construction costs, construction methods, materials and systems.
D. Review in-process design documents and provide input and advise with respect to constructability, alternative materials and methods, availability of materials and labor, and time requirements of procurement and construction. Provide advice on potential areas of cost savings while maintaining the design quality and intent.
E. Provide a detailed listing of any long-lead items that must be procured prior to completion of design.
F. Develop a detailed plan for provision of temporary facilities, temporary protection of Interstate 5, neighborhood and existing overhead utilities within the alignment. In consultation with the Project Team and the Oregon Department of Transportation develop a construction phasing plan and a traffic management plan.
G. Assist, as needed, the City and PATI in negotiating construction permits with the Oregon Department of Transportation relative to crossing Macadam Avenue, Interstate 5, Naito Parkway, and Barbur Boulevard.
H. Develop an access and construction coordination plan with respect to on-going construction of the Patient Care Facility on Marquam Hill and the Block 25 development in South Waterfront.
I. Review 100% Design Development Documents and in-process design documents and suggest modifications to improve completeness or clarity.
J. Recommend division of the work to facilitate bidding and award of subcontracts.
K. Monitor the pre-construction Schedule and recommend the advancement of procurement of any long lead items to ensure delivery by required dates.
L. For budget validation purposes, provide a quantity take-off of significant items in the agreed format.
M. For budget validation purposes, provide a unit price estimate for significant items in the agreed format.
N. Participate in bi-weekly project management team meetings and other meetings of the PATI Board, the Citizens Advisory Committee, the City and others as requested. Participate in Design Team meetings on a quarterly basis in Los Angeles. For budget planning purposes these trips should provide for a full workday on-site in Los Angeles.
O. If necessary, apply for and obtain a temporary disturbance permit from the City of Portland for the Environmental C Zone land referenced in Section IV, D, iv. of the RFP.
P. Identify permanent and temporary utility conflicts relative to the permanent tram improvements and construction process. Assist staff with utility notification and coordination, and attend utility coordination meetings to resolve utility conflict issues.
II. Pre-Construction Phase: Cost Management Services
A. Subcontractor and Supplier Selection: Prior to completion of the Construction Documents, the Contractor shall prepare and submit a subcontractors and suppliers selection plan or program describing the means of obtaining the most advantageous price and qualified subcontractors and suppliers, and complying with the SMP and M/W/ESB Program and the Workforce Training and Hiring Program as required by the Request for Proposals and the contract documents.
B. Construction Contract Amount: Following issuance of the 100% Construction Documents and in conformance with the approved subcontractor and supplier selection plan or program, the Contractor shall obtain bids and other prices adequate to prepare and submit a Guaranteed Maximum Price (GMP) for the work. Final contract terms, conditions and contract amount (GMP + Contractor Fee) will be negotiated after submittal of the GMP by the Contractor. The Contract Amount shall be the sum of the GMP and the Contractor Fee (see Exhibit A, section VI for the definition of the Contractor Fee). If the City and the Contractor cannot agree on a Construction Contract Amount and the City terminates negotiations, the Contractor shall be paid in accordance with Exhibit A, section 4, and the City shall have the right to commence negotiations with other contractors.
III. Pre-Construction Phase: Actual Cost
Unless modified through Early Termination under section 3 of this Agreement, the Contractor agrees to cap its cost to the City at $12,000.00 for pre-construction services that are provided in accordance with Exhibit A, sections I and II, notwithstanding the fact that the Contractor’s actual costs may be greater than $12,000.00.
Should the City authorize services beyond those itemized in Exhibit A, sections I and II, or should this agreement be terminated early, the City shall reimburse the Contractor based on actual costs, as defined in Exhibit A, section IV.
IV. Pre-Construction Phase: Payment
The Contractor shall submit detailed billings to the City within five work days of the end of each month. The billing shall identify the task, and number of hours billed and remaining for each task, utilizing Attachment 1, Task Work Order Matrix. The Contractor shall be paid monthly, within thirty calendar days following City approval of the Contractor’s submitted billing.
In the event of Early Termination of Agreement under section 3, payment to the Contractor shall be determined by the following;
1. For work completed under the Exhibit A, section I and II, payment shall be determined by the actual hours spent for the corresponding task multiplied by the hourly rate listed for that task in accordance with Attachment 1 – Task Work Matrix. Other reasonable, consumable costs and expenses shall be reimbursed on an actual cost basis plus a five percent (5%) overhead allowance and four percent (4%) markup on Contractor’s costs. All consumable costs and expenses shall be supported by invoices and other documents as required by the City. In no event will the total compensation for services defined in Exhibit A, Sections I and II exceed $120,393.00, as shown on Attachment 1 – Task Work Matrix.
2. For additional work authorized by the City, the Contractor shall be paid on an actual cost basis plus a five percent (5%) overhead allowance and four percent (4%) markup on Contractors costs. Consumable costs and expenses shall be supported by invoices and other documents as required by the City.
V. Pre-Construction Phase: Owner’s Contingency
The parties agree that a need for extra work may arise in the performance of the work under this Agreement and that time is of the essence in the performance of the work. Accordingly, the City has established an Owner’s Contingency in the amount of $50,000.00.
Authorization of any work under the Owner’s Contingency shall be at the sole discretion and direction of the City. No work under this Contingency shall be performed by the Contractor without prior written approval from the City on scope, estimated cost of the work and a schedule. For extra work, the Contractor shall be compensated in accordance with Exhibit A, section IV.
VI. Construction Phase: Contractor Fee
During the pre-construction services phase, the City and Contractor agree to obtain bids and other pricing, and to negotiate in good faith, with the intention of entering into a construction contract for a not-to-exceed Guaranteed Maximum Price (GMP), subject to available budget. Negotiations may be terminated by the City at any time at its sole discretion.
The Contractor Fee shall be the sum payable to the Contractor by the City for the Contractor’s performance of construction administration and management, determined as a percentage of the GMP. The Contractor Fee is Four Percent (4 .0%).
The Contractor Fee shall be included in the Construction Contract Amount. The Contractor Fee shall be the Contractor’s sole compensation for profit and certain costs, including but not necessarily limited to:
• Profit
• Indirect and home office costs, including general and administrative expense, overhead, and non-direct salaries other than the Field Office Costs.
• Salary of any person employed, during the execution of the work, in the home office or in any regularly established branch office. Cost of employees engaged at shops or on the road and in expediting the production or transportation of materials or equipment together with an agreed upon percentage for fringe benefits.
• Cost of capital employed either in the plant or in expenditures of the work.
• Subsistence and travel costs for the Contractor’s employees.
• Personal Property Taxes on the Contractor’s equipment and construction materials.
• Field office supplies and services including office supplies, blueprints, messenger services, fax machines, computers, two way radios, telephone, postage, reproduction, photographs and other equipment and materials in support of field office operations.
EXHIBIT B
INDEPENDENT CONTRACTOR CERTIFICATION STATEMENT
SECTION A
CONTRACTOR CERTIFICATION I, undersigned, am authorized to act on behalf of entity designated below, hereby certify that entity has current Workers' Compensation Insurance.
Signature_________________________________ Date_________________________ Entity_______________________
If entity does not have Workers' Compensation Insurance, City Project Manager and Contractor complete the remainder of this form. |
SECTION B
ORS 670.600 Independent contractor; standards. As used in various provisions of ORS Chapters 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of this section are met. The contracted work meets the following standards:
1. The individual or business entity providing the labor or services is free from direction and control over the means and manner of providing the labor or services, subject only to the right of the person for whom the labor or services are provided to specify the desired results;
2. The individual or business entity providing labor or services is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local government ordinances for the individual or business entity to conduct the business;
3. The individual or business entity providing labor or services furnishes the tools or equipment necessary for performance of the contracted labor or services;
4. The individual or business entity providing labor or services has the authority to hire and fire employees to perform the labor or services;
5. Payment for the labor or services is made upon completion of the performance of specific portions of the project or is made on the basis of an annual or periodic retainer.
____________________________________________________________________ ____________________________
Project Manager Signature Date
_____________________________________________________________________________________________________________________
SECTION C
Independent contractor certifies he/she meets the following standards:
1. The individual or business entity providing labor or services is registered under ORS Chapter 701, if the individual or business entity provides labor or services for which such registration is required;
2. Federal and state income tax returns in the name of the business or a business Schedule C or form Schedule F as part of the personal income tax return were filed for the previous year if the individual or business entity performed labor or services as an independent contractor in the previous year; and
3. The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when an individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, an individual or business entity is considered to be engaged in an independently established business when four or more of the following circumstances exist. Contractor check four or more of the following:
_____ A. The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;
_____ B. Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the individual or business entity has a trade association membership;
_____ C. Telephone listing and service are used for the business that is separate from the personal residence listing and service used by an individual who performs the labor or services;
_____ D. Labor or services are performed only pursuant to written contracts;
_____ E. Labor or services are performed for two or more different persons within a period of one year; or
_____ F. The individual or business entity assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.
____________________________________________________________________ ____________________________
Contractor Signature Date
EXHIBIT B Rev. 09/03
EXHIBIT C
INSURANCE (The Project Manager must answer and initial 2, 3, and 4 below).
During the term of this contract Contractor shall maintain in force at its own expense, each insurance noted below:
1. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, unless exempt under ORS 656.027).
2. __X__ Required and attached or Waived by City Attorney :_______
General Liability insurance with a combined single limit of not less than $500,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract, and shall provide that City of Portland, and its agents, officers, and employees are Additional Insured but only with respect to the Contractor's services to be provided under this Contract:
3. __X__ Required and attached or Waived by City Attorney : _______
Automobile Liability insurance with a combined single limit of not less than $500,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired, or nonowned vehicles, as applicable:
4. _____ Required and attached or Waived by City Attorney : __X___
Professional Liability insurance with a combined single limit of not less than $1,000,000 each claim, incident, or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract.
5. On all types of insurance. There shall be no cancellation, material change, reduction of limits, or intent not to renew the insurance coverage(s) without 30-days written notice from the Contractor or its insurer(s) to the City.
6. Certificates of insurance. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time contractor returns signed contracts. The certificate will specify all of the parties who are Additional Insured and will include the 30-day cancellation clause that provides that the insurance shall not terminate or be cancelled without 30 days written notice first being given to the City Auditor. Insuring companies or entities are subject to City acceptance. If requested, complete policy copies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.