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8.3 Automobile Liability. Contractor shall maintain an automobile liability insurance <br />policy with coverage of not less than $1,000,000 combined single limit per <br />occurrence, with an aggregate of $1,000,000, for bodily injury, personal injury or <br />property damage. The coverage shall include both hired and non-owned auto <br />liability. The policy shall also contain an endorsement naming City as an additional <br />insured, in a form satisfactory to City, and expressly providing that the interest of <br />City shall not be affected by Contractor's breach of policy provisions. <br />8.4 Professional Liability. Contractor shall maintain a professional liability insurance <br />policy with coverage of not less than $1,000,000, a deductible of not more than <br />$10,000, to protect Contractor from claims for professional acts, errors or omissions <br />arising from the Work. This policy may be written on a "claims made" form. The <br />policy shall contain an endorsement entitling City to not less than 60 days prior <br />written notice of any materials change, nonrenewal or cancellation of such policy. <br />Contractor shall maintain the professional liability insurance coverage for at least <br />one year after completion of the Work. <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 />services for others. The manner in which the services are performed shall be controlled by <br />Contractor; however, the nature of the services and the results to be achieved shall be <br />specified by City. Contractor is not to be deemed an employee or agent of City and has no <br />authority to make any binding commitments or obligations on behalf of City except to the <br />extent expressly provided herein. <br />12. Standard Contract Provisions. In this contract between the City and/or an Architect or <br />Engineer, Subsection 7.2 of the City's Standard Contract provisions is amended as it <br />applies to violations by Contractor of the Americans with Disabilities Act. Except as <br />amended by this Section, Contractor shall comply with City's Standard Contract Provisions, <br />a copy of which is attached hereto as Exhibit A, including remaining provisions of Section <br />7. <br />12.1 With regard to claims, actions, liabilities and costs, including costs of defense <br />(claims), arising out of or in any way related to any act or failure to act by Contractor <br />prohibited by the Americans With Disabilities Act, the requirements of Section 7.2 of <br />the City's Standard Contract Provisions shall apply only to such claims related to the <br />Personal Services Contract (Architect and Engineer)--Page 4 <br />(Revised December 1997) <br />