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S 11 <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> CH2M Hill shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of the Work. CH2M Hill shall provide the City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> G. In case of the breach of any provision of this section, the City may, at its option and <br /> with no obligation to do so, provide and maintain at the expense of CH2M Hill, such types of <br /> insurance in the name of CH2M Hill, and with such insurers, as the City may deem proper, and <br /> may deduct the cost of providing and maintaining such insurance from any sums which may be <br /> found or become due to CH2M Hill under this Agreement or may demand CH2M Hill to <br /> promptly reimburse the City for such cost. <br /> 12. Independent Contractor. <br /> A. It is further agreed by and between the parties that because this Agreement shall not <br /> constitute nor create an employer-employee relationship, and since CH2M Hill is an independent <br /> contractor, CH2M Hill 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 Compensation), and <br /> that CH2M Hill agrees to indemnify, defend and hold the City harmless from any claims, valid or <br /> otherwise,made to the City,because of these obligations. <br /> B. Any and all employees of CH2M Hill, while engaged in the performance of any Work, <br /> shall be considered employees of only CH2M Hill and not employees of the City. CH2M Hill <br /> shall be solely liable for any and all claims that may or might arise under the Worker's <br /> Compensation Act on behalf of said employees or CH2M Hill, while so engaged and for any and <br /> all claims made by a third party as a consequence of any negligent act or omission on the part of <br /> CH2M Hill's employees,while so engaged on any of the Work <br /> C. CH2M Hill shall comply with all applicable provisions of the Fair Labor Standards Act <br /> and 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 harmless <br /> from all actions, claims, demands and expenses arising out of said act, and rules and regulations <br /> that are or may be promulgated in connection therewith. <br /> D. CH2M Hill assumes full responsibility for the payment of all payroll taxes, use, sales, <br /> income, or other form of taxes (such as state and, city business and occupation taxes), fees, <br /> licenses, excises or payments required by any city, federal or state legislation which are now or <br /> may during the term of the Agreement be enacted as to all persons employed by CH2M Hill and <br /> as to all duties, activities and requirements by CH2M Hill in performance of the Work and <br /> CH2M Hill shall assume exclusive liability therefore, and meet all requirements thereunder <br /> pursuant to any rules or regulations that are now or may be promulgated in connection therewith. <br /> 6 60 <br />