New Search
<br /> ` , <br /> 7.2 Claims for Professional Liability. Contractor shall defend, save and hold harmless <br /> the City of Eugene, its officers, agents and employees from all claims, suits, or <br /> actions of whatsoever nature resulting from or arising out of the professional <br /> negligent acts, errors or omissions, whether alleged or actual, of Contractor or its <br /> subcontractors, agents or employees in performance of professional services under <br /> this agreement. <br /> 8. Insurance. Contractor shall maintain in force for the duration of this contract the insurance <br /> coverages specified below. Each policy required by these provisions shall be written as a <br /> primary policy, not contributing with or in excess of any coverage which City may carry. A <br /> copy of each policy or a certificate satisfactory to City shall be delivered to City prior to <br /> commencement of the Work. Unless otherwise specified, each policy shall be written on <br /> an "occurrence" form with an admitted insurance carrier licensed to do business in the <br /> state of Oregon and shall contain an endorsement entitling City to not less than 30 days <br /> prior written notice of any material change, nonren~wal 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 the Contractors <br /> coverages to the statutory limit for such claims and to increase the aggregate coverage to <br /> twice the amount of the statutory limit. The adequacy of all insurance required by these <br /> provisions shall be subject to approval by City's Risk Manager. Failure to maintain any <br /> insurance coverage required by this contract shall be cause for immediate termination of <br /> this contract by City. <br /> 8.1 Commercial General Liability. Contractor shall maintain a broad form commercial <br /> general liability inturance policy with coverage of not less than $500,000 combined <br /> single limit per occurrence, with aggregate of $1 million, for bodily injury, personal <br /> injury or property damage. Such policy shall contain a contractual liability <br /> endorsement to cover Contractor's indemnification obligations under this contract. <br /> The policy shall also contain an endorsement naming City as an additional insured, <br /> in a form satisfactory to City, and expressly providing that the interest of City shall <br /> not be affected by Contractor's breach of policy provisions. <br /> 9. Subcontracting. Contractor shall not subcontract the Work, in whole or in part, without <br /> City's prior written approval. Contractor shall require any approved subcontractor to agree, <br /> as to the portion subcontracted, to comply with all obligations of Contractor specified in this <br /> contract. Notwithstanding City's approval of a subcontractor, Contractor shall remain <br /> obligated for full performance of this contract and City shall incur no obligation to any <br /> subcontractor. Contractor shall indemnify, defend and hold City harmless from all claims of <br /> subcontractors. <br /> 10. Assignment. Contractor shall not assign this contract, in whole or in part, or any right or <br /> obligation hereunder, without City's prior written approval. <br /> 11. Independent Contractor. Whether Contractor is a corporation, partnership, other legal <br /> entity or an individual, Contractor is an independent contractor. If Contractor is an <br /> individual, Contractor's duties will be performed with the understanding that Contractor is a <br /> self-employed person, has special expertise as to the services which Contractor is to <br /> ' perform and is customarily engaged in the independent performance of the same or similar <br /> Personal Services Contract (Architect and Engineers-Page 3 <br /> (Revised December 1997) <br /> <br />