Laserfiche WebLink
12 <br /> of any certificate showing less coverage than required is not a waiver of CH2M Hill's obligations to <br /> 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 effective <br /> date of this Agreement or prior. The retroactive date of any subsequent renewal of such policy shall <br /> be the same as the original policy provided. The extended reporting or discovery period on a claims <br /> made policy form shall not be less than 36 months following expiration of the policy. (This paragraph <br /> shall not apply if paragraph 11.A.4. above is stricken.) <br /> F. CH2M Hill certifies that it is aware of the provisions of Title 51 of the Revised Code of <br /> Washington that requires every employer to be insured against liability of Workers' Compensation, or <br /> to undertake self-insurance in accordance with the provisions of that Title. CH2M Hill shall comply <br /> with the provisions of Title 51 of the Revised Code of Washington before commencing the <br /> performance of the Work. CH2M Hill shall provide the City with evidence of Workers' <br /> Compensation Insurance (or evidence of qualified self-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 with no <br /> obligation to do so, provide and maintain at the expense of CH2M Hill, such types of insurance in the <br /> name of CH2M Hill, and with such insurers, as the City may deem proper, and may deduct the cost of <br /> providing and maintaining such insurance from any sums which may be found or become due to <br /> CH2M Hill under this Agreement or may demand CH2M Hill to promptly reimburse the City for such <br /> 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 contributions, <br /> including, but not limited to, industrial insurance (Workmen's Compensation), and that CH2M Hill <br /> agrees to indemnify, defend and hold the City harmless from any claims, valid or otherwise, made to <br /> the City, because of these obligations. <br /> B. Any and all employees of CH2M Hill, while engaged in the performance of any Work, shall <br /> be considered employees of CH2M Hill only and not of the City, and any and all claims that may or <br /> might arise under the Worker's Compensation Act on behalf of said employees or CH2M Hill, while <br /> so engaged in any and all claims made by a third party as a consequence of any negligent act or <br /> omission on the part of CH2M Hill's employees, while so engaged on any of the Work, shall be the <br /> sole obligation and responsibility of CH2M Hill. <br /> C. CH2M Hill shall comply with all applicable provisions of the Fair Labor Standards Act and <br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar as <br /> applicable to its employees and shall at all times save the City free, clear and harmless from all <br /> actions, claims, demands and expenses arising out of said act, and rules and regulations that are or <br /> 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, citybusiness and occupation taxes), fees, licenses, <br /> excises or payments required by any city, federal or state legislation which are now or may during the <br /> Rev9808 3 9 5 <br />