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2 <br />LA515\1\1077755.v2 <br />has failed to perform the services required herein in a timely or satisfactory manner. After <br />termination, the City shall have no further obligation to the Contractor except to compensate <br />the Contractor for services performed prior to the date of the notice of termination. <br /> <br />5. Subcontractors. The Contractor shall not enter into subcontracts for services provided under <br />this Agreement without the express written consent of the City. <br /> <br />6. Compliance with Laws and Regulations. In providing the services hereunder, the <br />Contractor must abide by all applicable statutes, ordinances, rules, and regulations. All <br />services provided by the Contractor shall be performed by properly licensed personnel and <br />shall be performed in accordance with OSHA safety standards for traffic control and personal <br />protective equipment. Any violation of this section will constitute a material breach of this <br />Agreement and entitle the City to immediately terminate this Agreement. <br /> <br />7. Equal Opportunity. During the performance of this Agreement, the Contractor must not <br />discriminate against any employee or applicant for employment because of race, color, creed, <br />religion, national origin, sex, marital status, status with regard to public assistance, disability, <br />or age. Violation of any part of this provision shall entitle the City to immediately terminate <br />this Agreement. <br /> <br />8. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without <br />the written consent of the other party. <br /> <br />9. Indemnification. The Contractor agrees to defend, indemnify and hold the City, its officials, <br />employees, agents and contractors harmless from any liability, claims, damages, costs, <br />judgments, or expenses, including reasonable attorney’s fees, resulting directly or indirectly <br />from an act or omission (including without limitation professional errors or omissions) of the <br />Contractor, its agents, or employees in the performance of the services provided by this <br />Agreement and against all losses by reason of the failure of the Contractor fully to perform, <br />in any respect, all obligations under this Agreement. <br /> <br />10. Records Access. The Contractor must allow the City, or its duly authorized agents, and <br />the state auditor or legislative auditor reasonable access to the Contractor’s books, records, <br />documents, and accounting procedures and practices that are pertinent to all services <br />provided under this Agreement for a minimum of six years from the termination of this <br />Agreement. <br /> <br />11. Insurance. During the term of this Agreement, the Contractor must maintain workers’ <br />compensation insurance (to the extent required by law) and commercial general liability <br />insurance for both bodily injury and property damage with a per occurrence limit of no less <br />than $1,000,000 for each. The Contractor shall execute the workers’ compensation <br />insurance form attached hereto prior to commencing work under this Agreement. The <br />Contractor shall also provide the City with a current certificate of general liability insurance <br />for the coverage referenced above prior to performing any of the services hereunder. Such <br />certificate of liability insurance shall list the City as an additional insured and contain a