CSS 2020-09-28 Item 1A - Contract - Tukwila Pond Park Master Plan with JA Brennan Associates

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4. Professional Liability with limits no less than $1.000,000 per claim and $3.000.000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contmmctor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance with respect to the City. Any Kngurmnce, se|f'|nsurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shali not be contributed or cornbined with it. D. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shalt furnish the City with original certificates and a copy of the amendatory endoroenlents, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance pnHcies, including endorsements, required in this Agreernent and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy oanooNation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and alt premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. g Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance progrgrn, otherwise assuming the duties of an employer with respect to theComGu|tant.oramye[mp|oyaaQfthe{}oOSU|tan1. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or peraon, other than a bonafide employee working solely for the Consu|tant, to solicit or secure this contracd, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, conlnnission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without |iobi|ity, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, cnnlnlission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3