GJN3825 WBGS Contract 2002-03809

New Search

j 6. Records/Inspection. Contractor shall maintain records of its charges to City under this w contract for a period of not less than three full fiscal years following Contractor's completion of this contract. Upon reasonable advance notice, City or its authorized representatives may from time to time inspect, audit and make copies of any of Contractor's records that relate to this contract. If any audit by City discloses that payments to the Contractor were in excess of the amount to which Contractor was entitled under this contract, Contractor shall promptly pay to City the amount of such excess. If the excess is greater than one percent of the contract amount, Contractor shall also reim- burse City its reasonable costs incurred in performing the audit. 7. Indemnification. 7.1 Claims For Other Than Professional Liability. Contractor shall defend, save and hold harmless the City of Eugene, 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 Contractor or its subcontractors, agents or employees under this agreement. 7.2 Claims for Professional Liability. Contractor shall defend, save and hold harmless the City of Eugene, its officers, agents and employees from all claims, suits, or actions of whatsoever nature resulting from or arising out of the professional negligent acts, errors or omissions, whether alleged or actual, of Contractor or its subcontractors, agents or employees in performance of professional services under this agreement. 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 Contractor'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, Personal Services Contract--Page 3 (Revised December 1997)