|
4. 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,
<br />or 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
<br />applicable standards and regulations governing such services. Consultant shall pay all salaries
<br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating
<br />to employees and shall be responsible for all applicable withholding taxes.
<br />5. OWNERSHIP OF MATERIALS
<br />Upon completion of all work under this Agreement, ownership and title to all reports,
<br />documents, tracings, plans, specifications, estimates and maps prepared or obtained under the
<br />terms of this Agreement shall be delivered to, and become the property of City. Basic survey
<br />notes and sketches, charts, computations, and other data prepared or obtained pursuant to this
<br />Agreement shall be made available upon request of the City without restriction or limitation on
<br />their use. Contractor shall furnish the City all necessary copies of data needed to complete the
<br />review and approval process.
<br />6. 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
<br />described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s) and shall include, but not be limited to
<br />protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence
<br />arising out of Consultant's operations in the performance of this Agreement,
<br />including, without limitation, acts involving vehicles. The amounts of Insurance shall
<br />be not less than the following: single limit coverage applying to bodily and personal
<br />injury, including death resulting therefrom, and property damage, in the total amount
<br />of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Consultant shall
<br />supply City with a fully executed additional insured endorsement in substantially the
<br />form attached hereto as Exhibit C upon execution of this Agreement.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3700 of the Labor Code, Consultant, if Consultant has any employees, is required to
<br />be insured against liability for worker's compensation or to undertake self- insurance.
<br />Prior to commencing the performance of the work under this Agreement, Consultant
<br />agrees to obtain and maintain any employer's liability insurance with limits not less
<br />25N -6
<br />
|