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4. INDEPENDENT CONTRACTOR <br />GST shall, during the entire term of this Agreement, be construed to be an independent contractor <br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an <br />employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or <br />control over the professional manner in which GST performs the services which are the subject matter of <br />this Agreement; however, the services to be provided by GST shall be provided in a manner consistent <br />with all applicable standards and regulations governing such services. GST shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and <br />shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, GST shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. GST shall maintain corrmreroial general liability <br />insurance which 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 GST'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, $2,000,000 in the aggregate. Such insurance <br />shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs <br />maintained by the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non. <br />owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the <br />Labor Code, GST, if GST has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self - insurance. Prior to commencing the performance of the work under <br />this Agreemert, GST agrees to obtain and maintain any employer's liability insurance with limits not toss <br />than $1,000,000 per accident. <br />d. If GST is or employs a licensed professional such as an architect or engineer: Professional <br />liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per <br />claim. <br />25H -4 <br />