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5. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. 'flus Agreement is not intended <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />maruter in which Contractor performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Contractor shall be provided it, a <br />manner consistent with all applicable standards and regulations governing such set -vices. <br />Contractor shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />S. 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 shalt maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not <br />be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of Consultant's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts <br />of insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the <br />aggregate. Consultant shall supply City with a fully executed additional insured <br />endorsement in substantially the form attached hereto as Exhibit C upon <br />execution of this Agreement. <br />Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $'1,000,000 per occurrence. Such insurance shall <br />include coverage for owned, hired and non -owned automobiics. <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 <br />to be insured against liability for worker's comperrsai an or to undertal- seli- <br />insurance. Prior to commencing the performance of the work under this <br />Agreement, Consultant agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />d. If Consultant is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and remissions) insurance, with a corrrbined <br />