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5. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2013, unless terminated earlier in accordance with Section 14, below. The term of <br />this Agreement may be extended by a writing executed by the Executive Director of Public <br />Works and the City Attorney. <br />6. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Consultant shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />7. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br />and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence and in the aggregate. Such insurance shall be endorsed as <br />follows: (a) name the City, its officers, employees, agents, volunteers and representatives as <br />additional insured(s); (b) be primary and not contributory with respect to insurance or self- <br />insurance programs maintained by the City; and (c) contain standard separation of insureds <br />provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage <br />for owned, hired and non-owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />d. Professional liability (errors and omissions) insurance, with a combined single limit <br />of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. <br />25D-5