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2 <br /> expiration of the policy. (This paragraph shall not apply if paragraph 11.A.4. above is <br /> stricken.) <br /> F. CH2M Hill certifies that it is aware of the provisions of Title 51 of the Revised Code <br /> 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 /> 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, <br /> and may deduct the cost of providing and maintaining such insurance from any sums which <br /> may be found or become due to CH2M Hill under this Agreement or may demand CH2M Hill <br /> 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 CH2M Hill is an <br /> independent contractor, CH2M Hill shall be responsible for all obligations relating to federal <br /> income tax, self-employment FICA taxes and contributions, and all other so called employer <br /> taxes and contributions, including, but not limited to, industrial insurance (Workmen's <br /> Compensation), and that CH2M Hill agrees to indemnify, defend and hold the City harmless <br /> from any claims, valid or 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 <br /> Work, shall be considered employees of only CH2M Hill and not employees of the City. <br /> CH2M Hill 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 CH2M Hill, while so engaged and <br /> for any and all claims made by a third party as a consequence of any negligent act or omission <br /> on the part of 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 <br /> Act and other legislation affecting its employees and the rules and regulations issued <br /> thereunder insofar as applicable to its employees and shall at all times save the City free, clear <br /> and harmless from all actions, claims, demands and expenses arising out of said act, and rules <br /> and regulations that are or may be promulgated in connection therewith. <br /> D. CH2M Hill assumes full responsibility for the payment of all payroll taxes, use, <br /> sales, 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 which are <br /> now or may during the term of the Agreement be enacted as to all persons employed by <br /> CH2M Hill and as to all duties, activities and requirements by CH2M Hill in performance of <br /> 6 <br /> 9 <br />