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<br />General Provisions - 4 <br />insurance on behalf of such Additional Insureds or (2) a true copy of the blanket additional <br />insured clause from the policies. Receipt by the City or the City’s designee of any certificate <br />showing less coverage than required is not a waiver of the Contractor’s obligations to fulfill <br />the requirements. <br />F. If the policy listed above, Professional Errors and Omissions Insurance, is on a claims made <br />policy form, the retroactive date on the policy shall be the effective date of this Contract or <br />prior. The retroactive date of any subsequent renewal of such policy shall be the same as the <br />original policy provided. The extended reporting or discovery period on a claims made policy <br />form shall not be less than 36 months following expiration of the policy. <br />G. Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of <br />Washington that requires every employer to be insured against liability of Workers’ <br />Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br />Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington <br />before commencing the performance of the Work. Contractor shall provide the City with <br />evidence of Workers’ Compensation Insurance (or evidence of qualified self-insurance) <br />before any Work is commenced. <br />H. In case of the breach of any provision of this Section, the City may, at its option and with no <br />obligation to do so, provide and maintain at the expense of Contractor, such types of <br />insurance in the name of the Contractor, and with such insurers, as the City may deem proper, <br />and may deduct the cost of providing and maintaining such insurance from any sums which <br />may be found or become due to Contractor under this Contract or may demand Contractor <br />to promptly reimburse the City for such cost. <br />9. Risk of Loss. Contractor shall be solely responsible for the safety of its employees, agents and <br />subcontractors in the performance of the work hereunder and shall take all protections <br />reasonably necessary for that purpose. All work shall be done at Contractor’s own risk, and <br />Contractor shall be solely responsible for any loss of or damage to Contractor’s materials, tools, <br />or other articles used or held for use in connection with the work. <br />10. Independent Contractor. <br />A. This Contract neither constitutes nor creates an employer-employee relationship. <br />Contractor must provide services under this Contract as an independent contractor. <br />Contractor must comply with all federal and state laws and regulations applicable to <br />independent contractors including, but not limited to, the requirements listed in this Section. <br />Contractor agrees to indemnify and defend the City from and against any claims, valid or <br />otherwise, made against the City because of these obligations. <br />B. Any and all employees of the Contractor, while engaged in the performance of any Work, <br />shall be considered employees of only the Contractor and not employees of the City. The <br />Contractor shall be solely liable for any and all claims that may or might arise under the <br />Worker's Compensation Act on behalf of such employees or Contractor, while so engaged <br />and for any and all claims made by a third party as a consequence of any negligent act or <br />omission on the part of the Contractor's employees, while so engaged on any of the Work. <br />C. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and <br />other legislation affecting its employees and the rules and regulations issued thereunder <br />insofar as applicable to its employees and shall at all times save the City free, clear and <br />harmless from all actions, claims, demands and expenses arising out of such act, and rules <br />and regulations that are or may be promulgated in connection therewith. <br />D. Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income, <br />or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, <br />excises or payments required by any city, federal or state legislation which are now or may