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Last modified
5/11/2010 9:56:24 AM
Creation date
10/3/2008 1:23:58 PM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Contracts
PW_Subject
1999-00330 Stormwater Public Opinion Survey
Document_Date
4/16/1999
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contractors. In the event any such action or claim is brought against City, Contractor shall, <br />if City so elects and upon tender by City, defend the same at Contractor's sole cost and <br />expense, promptly satisfy any judgment adverse to City or to City and Contractor, jointly, <br />and reimburse City for any loss, cost, damage or expense, including attorney fees, <br />suffered or incurred by City. <br />8. Insurance. Contractor shall maintain in force for the duration of this contract the <br />insurance coverages specified below. Each policy required by these provisions shall be <br />written as a primary policy, not contributing with or in excess of any coverage which City <br />may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to <br />City prior to commencement of the Work. Unless otherwise specified, each policy shall be <br />written on an "occurrence" form with an admitted insurance carrier licensed to do business <br />in the state of Oregon and shall contain an endorsement entitling City to not less than 30 <br />days prior written notice of any material change, nonrenewal or cancellation. In the event <br />the 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 Contractor's <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 insurance 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 />8.2 Workers' Compensation Insurance. If Contractor is an individual and will perform <br />the Work without the help of others, Contractor shall nevertheless maintain a <br />personal policy of Worke~s' Compensation coverage. If Contractor will perform the <br />Work with the help of others, Contractor shall comply with the Oregon Worke!-s' <br />Compensation law by quatifying as a carrier-insured employer or as a self-insured <br />employer and shall strictly comply with all other applicable provisions of such law. <br />Contractor shall provide City with such further assurances as City may require from <br />time to time that Contractor is in compliance with these Workers' Compensation <br />coverage requirements and the Workers' Compensation law. <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 />Personal Services Contract-Page 3 <br />(Revised December 1997) <br />
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