GJN4003 Schirmer, Slesinger & Assoc Contract

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7. Indemnification. 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 this contract or any other actions or failure to act by Contractor and Contractor's employees, agents, officers and contractors. 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. 8. Insurance. Contractor shall maintain in force for the duration of this contract the insurance coverages 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 Con- tractor's coverages 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. 8.1 Commercial General Liability. Contractor shall maintain a broad form commercial general liability insurance policy with coverage of not less than $500,000 combined single limit per occurrence, with aggregate of $1 million, for bodily injury, personal injury or property damage. Such policy shall contain a contractual liability endorsement to cover Contractor's indemnification obligations under this contract. ~ The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and _ expressly providing that the interest of City shall not be affected by Contractor's breach of policy provisions. 8.2 Workers' Compensation Insurance. If Contractor is an individual and will perform the Work without the help of others, Contractor shall nevertheless maintain a personal policy of Workers' Compensation coverage. If Contractor will perform the Work with the help of others, Contractor shall comply with the Oregon Workers' Compensation law by qualifying as acarrier-insured employer or as aself-insured employer and shall strictly comply with all other applicable provisions of such law. Contractor shall provide City with such further assurances as City may require from time to time that Contractor is in compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law. 8.3 Comprehensive Automobile Liability. Contractor shall maintain automobile liability insurance coverage of not less than $500,000 combined single limit per occurrence for bodily injury, personal injury or property damage. Personal Services Contract-Page 3 (Revised December 1997)