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Page 13 of 42 4/3/24 Agreement No. 2024-02 <br />If Purchaser, subcontractor or sub-subcontractor fails to comply with all State of <br />Washington workers’ compensation statutes and regulations and City incurs fines or is <br />required by law to provide benefits to or obtain coverage for such employees, Purchaser <br />shall indemnify City. Indemnity shall include all fines, payment of benefits to <br />Purchaser or subcontractor employees, or their heirs or legal representatives, and the <br />cost of effecting coverage on behalf of such employees. <br /> <br />Business Auto Policy (BAP). Purchaser shall maintain business auto liability and, if <br />necessary, commercial umbrella liability insurance with a limit not less than <br />$1,000,000.00 per accident. Such insurance shall cover liability arising out of "Any <br />Auto". Business auto coverage shall be written on ISO form CA 00 01, or substitute <br />liability form providing equivalent coverage. If necessary the policy shall be endorsed <br />to provide contractual liability coverage and cover a "covered pollution cost or <br />expense" as provided in the 1990 or later editions of CA 00 01. Purchaser waives all <br />rights against City for the recovery of damages to the extent they are covered by <br />business auto liability or commercial umbrella liability insurance. <br /> <br />G-160 Agents <br /> <br />a. The Contract Administrator will administer the Contract on behalf of the City. The <br />Public Works Director will notify the Purchaser in writing who is responsible for <br />administering the Contract. No agent, employee, or representative of the City, <br />including the Contract Administrator, has any authority to bind the City to any <br />affirmation, representation or warranty concerning the Forest Products conveyed <br />beyond the terms of this Contract. <br /> <br />b. Purchaser is required to have a person on site during all operations that is authorized <br />to receive instructions and notices from the City. Purchaser shall inform the City in <br />writing who is authorized to receive instructions and notices from the City, and any <br />limits to this person’s authority. <br /> <br />G-161 Independent Contractor <br /> <br />a. The parties agree that this Contract shall not constitute nor create an employer- <br />employee relationship, and since the Purchaser is an independent contractor, <br />Purchaser shall be responsible for all obligations relating to federal income tax, self- <br />employment FICA taxes and contributions, and all other so called employer taxes and <br />contributions, including, but not limited to, industrial insurance (Workmen’s <br />Compensation), and that the Purchaser agrees to indemnify, defend and hold the City <br />harmless from any claims, valid or otherwise, made to the City, because of these <br />obligations. <br /> <br />b. While engaged in the performance of this Contract, any and all employees of the <br />Purchaser shall be considered employees of only the Purchaser and not employees of <br />the City. The Purchaser shall be solely liable for any and all claims that may or might <br />on behalf of said employees or Purchaser, while so engaged and for any and all claims <br />made by a third party as a consequence of any negligent act or omission on the part <br />of the Purchaser’s employees, while so engaged on any of the Work.