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5 <br /> through every phase of the work and utilize the Contractor's best skill, efforts and judgment in <br /> furthering the interests of the Owner; to furnish efficient business administration and supervision; <br /> to use best efforts to furnish at all times an adequate supply of staff; and to perform the work in <br /> the best way and most expeditious and economical manner consistent with the interests of the <br /> Owner. The Contractor recognizes that the Owner has a separate agreement with the Design <br /> Team for the design of the Project and to provide certain construction administration services <br /> necessary to ensure that the construction conforms to the Drawings and Specifications. The <br /> Contractor further recognizes that in order for the Project to be completed on time and within the <br /> GCC, the Contractor, the Design Team, and the Owner need to cooperate closely on a regular <br /> basis to revise plans, drawings, specifications, materials, methods, estimates and budgets as <br /> necessary to meet the Owner's financial, time, and operating constraints. <br /> 4.2 Independent Contractor. <br /> A. This Agreement does not constitute or create an employer-employee relationship. <br /> Because the Contractor is an independent contractor, Contractor shall be responsible <br /> for all obligations relating to federal income tax, self-employment FICA taxes and <br /> contributions, and all other so called employer taxes and contributions, including,but <br /> not limited to,industrial insurance(Workmen's Compensation), and that the <br /> Contractor agrees to indemnify, defend and hold the City harmless from any claims, <br /> valid or otherwise,made to the City,because of these obligations. <br /> B. Any and all employees of the Contractor,while engaged in the performance of any <br /> Work,shall be considered employees of only the Contractor and not employees of the <br /> City. The Contractor shall be solely liable for any and all claims that may or might <br /> arise under the Worker's Compensation Act on behalf of said employees or <br /> Contractor,while so engaged and for any and all claims made by a third party as a <br /> consequence of any negligent act or omission on the part of the Contractor's <br /> employees, while so engaged on any of the Work <br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards <br /> Act and other legislationaffecting its employees and the rules and regulations issued <br /> thereunder insofar as applicable to its employees and shall at all times save the City <br /> free, clear and harmless from all actions, claims,demands and expenses arising out of <br /> said act, and rules and regulations that are or may be promulgated in connection <br /> therewith. <br /> D. Contractor 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), <br /> fees,licenses, excises or payments required by any city, federal or state legislation <br /> which are now or may during the term of the Agreement be enacted as to all persons <br /> employed by the Contractor and as to all duties,activities and requirements by the <br /> Contractor in performance of the Work and Contractor shall assume exclusive <br /> liability therefore, and meet all requirements thereunder pursuant to any rules or <br /> regulations that are now or may be promulgated in connection therewith. <br /> PAGE 8 <br /> 22 <br />