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2. Commercial General Liability insurance with limits no less than $1,000,000 each <br />occurrence, $2,000,000 general aggregate. Commercial General Liability <br />insurance shall be written on ISO occurrence form CG 00 01 and shall cover <br />liability arising from premises, operations, independent contractors and personal <br />injury and advertising injury. The City shall be named as an insured under the <br />Consultant's Commercial General Liability insurance policy with respect to the <br />work performed for the City. <br />3. Workers' Compensation coverage as required by the Industrial Insurance laws of <br />the State of Washington. <br />4. Professional Liability with limits no less than $1,000,000 per claim and <br />$1,000,000 policy aggregate limit. Professional Liability insurance shall be <br />appropriate to the Consultant's profession. <br />B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial <br />General Liability insurance policies are to contain, or be endorsed to contain that they <br />shall be primary insurance with respect to the City. Any Insurance, self-insurance, or <br />insurance pool coverage maintained by the City shall be excess of the Consultant's <br />insurance and shall not be contributed or combined with it. <br />C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. <br />Best rating of not less than A:VII. <br />D. Verification of Coverage. Consultant shall furnish the City with original certificates and <br />a copy of the amendatory endorsements, including but not necessarily limited to the <br />additional insured endorsement, evidencing the insurance requirements of the Consultant <br />before commencement of the work. Certificates of coverage and endorsements as required <br />by this section shall be delivered to the City within fifteen (15) days of execution of this <br />Agreement. <br />E. Notice of Cancellation. The Consultant shall provide the City with written notice of any <br />policy cancellation, within two business days of their receipt of such notice. <br />F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the <br />insurance as required shall constitute a material breach of contract, upon which the City <br />may, after giving five business days notice to the Consultant to correct the breach, <br />immediately terminate the contract or, at its discretion, procure or renew such insurance <br />and pay any and all premiums in connection therewith, with any sums so expended to be <br />repaid to the City on demand, or at the sole discretion of the City, offset against funds due <br />the Consultant from the City. <br />9. Independent Contractor. The Consultant and the City agree that the Consultant is an <br />independent contractor with respect to the services provided pursuant to this Agreement. <br />Nothing in this Agreement shall be considered to create the relationship of employer and <br />employee between the parties hereto. Neither the Consultant nor any employee of the <br />Consultant shall be entitled to any benefits accorded City employees by virtue of the services <br />provided under this Agreement. The City shall not be responsible for withholding or <br />otherwise deducting federal income tax or social security or for contributing to the state <br />industrial insurance program, otherwise assuming the duties of an employer with respect to <br />the Consultant, or any employee of the Consultant. <br />CA revised : 1-2013 <br />Page 3 <br />25 <br />