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4. INDEPENDENT CONTRACTOR <br />Siemens shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Siemens performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Siemens shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. Siemens shall <br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Siemens shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Siemens shall maintain commercial general liability <br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and <br />personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Siemens's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and <br />non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the <br />Labor Code, Siemens, if Siemens has any employees, is required to be insured against liability for <br />worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work <br />under this Agreement, Siemens agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by Siemens pursuant to <br />this section: <br />(i) Siemens shall supply City with a fully executed additional insured endorsement for <br />commercial general liability and automobile coverages which a) names the City of Santa <br />Ana, its officers, employees, agents and volunteers as additional insured, b) provides that <br />Siemens insurance coverage shall be primary and that any other insurance, or self <br />insurance maintained by the City, its officers, employees, agents and volunteers shall be <br />excess of Siemen's insurance and shall not contribute with it. <br />(ii) Siemens agrees to waive subrogation which any of its insurers may acquire from Siemens <br />by virtue of payment of any loss. Siemens agrees to obtain any endorsement that may be <br />necessary to effect this waiver of subrogation. <br />25A -4 <br />