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3 <br /> this Agreement and that such insurance shall apply as primary insurance on behalf of such <br /> Additional Insureds or (2) a true copy of the blanket additional insured clause from the policies. <br /> Receipt by the City of any certificate showing less coverage than required is not a waiver of <br /> Brown&Caldwell's obligations to fulfill the requirements. <br /> E. If the policy listed in paragraph 11.A.4. above, Professional Errors and Omissions <br /> Insurance, is on a claims made policy form, the retroactive date on the policy shall be the <br /> effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such <br /> policy shall be the same as the original policy provided. The extended reporting or discovery <br /> period on a claims made policy form shall not be less than 36 months following expiration of the <br /> policy. (This paragraph shall not apply if paragraph 11.A.4. above is stricken.) <br /> F. Brown & Caldwell certifies that it is aware of the provisions of Title 51 of the Revised <br /> Code of 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 /> Brown & Caldwell shall comply with the provisions of Title 51 of the Revised Code of <br /> Washington before commencing the performance of the Work. Brown & Caldwell shall provide <br /> the City with evidence of Workers' Compensation Insurance (or evidence of qualified self- <br /> insurance)before 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 Brown & Caldwell, such <br /> types of insurance in the name of Brown & Caldwell, and with such insurers, as the City may <br /> deem proper, and may deduct the cost of providing and maintaining such insurance from any <br /> sums which may be found or become due to Brown & Caldwell under this Agreement or may <br /> demand Brown&Caldwell to 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 Brown & Caldwell is an <br /> independent contractor, Brown & Caldwell shall be responsible for all obligations relating to <br /> federal income tax, self-employment FICA taxes and contributions, and all other so called <br /> employer taxes and contributions, including, but not limited to, industrial insurance (Workmen's <br /> Compensation), and that Brown & Caldwell agrees to indemnify, defend and hold the City <br /> harmless from any claims,valid or otherwise,made to the City,because of these obligations. <br /> B. Any and all employees of Brown & Caldwell, while engaged in the performance of any <br /> Work, shall be considered employees of only Brown & Caldwell and not employees of the City. <br /> Brown & Caldwell shall be solely liable for any and all claims that may or might arise under the <br /> Worker's Compensation Act on behalf of said employees or Brown & Caldwell, while so <br /> engaged 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 Brown&Caldwell's employees,while so engaged on any of the Work <br /> C. Brown & Caldwell shall comply with all applicable provisions of the Fair Labor <br /> Standards Act and other legislation affecting its employees and the rules and regulations issued <br /> 6 <br /> t0 <br />