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3. Business Automobile Liability Insurance in an amount not less than$1,000,000 per <br /> occurrence, extending to any automobile. A statement certifying that no vehicle will be <br /> used in accomplishing this Agreement may be substituted for this insurance requirement. <br /> 4. Professional Errors and Omissions Insurance in an amount not less than$1,000,000 <br /> per occurrence and$1,000,000 in the annual aggregate. Such coverage may be written on <br /> a claims made basis. If both parties agree that the Work does not warrant Service Provider <br /> providing Professional Errors and Omissions Insurance, this Section 11.A.4 may be <br /> stricken and initialed by both parties. <br /> s <br /> B. The above liability policies shall be primary as to the City and shall contain a provision <br /> that the policy shall not be canceled or materially changed without 30 days prior written notice to <br /> the City, No cancellation provision in any insurance policy shall be construed in derogation of the <br /> continuous duty of the Service Provider to furnish the required insurance during the term of this <br /> Agreement. <br /> C. Upon written request by the City,the insurer or his/her agent will furnish,prior to or during <br /> any Work being performed, a copy of any policy cited above, certified to be a true and complete <br /> copy of the original. <br /> D. Prior to the Service Provider performing any Work, Service Provider shall provide the <br /> City with a Certificate of Insurance acceptable to the City Attorney evidencing the required <br /> insurance. Service Provider shall provide the City with either(1) a true copy of an endorsement <br /> naming the City of Everett, its officers, employees and agents as Additional Insureds on the <br /> Commercial General Liability Insurance policy and the Business Automobile Liability Insurance <br /> policy with respect to the operations performed and services provided under this Agreement and <br /> that such insurance shall apply as primary insurance on behalf of such Additional Insureds or(2) <br /> a true copy of the blanket additional insured clause from the policies. Receipt by the City of any <br /> certificate showing less coverage than required is not a waiver of the Service Provider's obligations <br /> to fulfill the requirements. <br /> E. If the policy listed in Section 11.A.4. above,Professional Errors and Omissions Insurance, <br /> is on a claims made policy form,the retroactive date on the policy shall be the effective date of <br /> this Agreement or prior. The retroactive date of any subsequent renewal of such policy shall be <br /> the same as the original policy provided. The extended reporting or discovery period on a claims <br /> made policy form shall not be less than 36 months following expiration of the policy. (This Section <br /> 11.E shall not apply if Section 11.A.4. above is stricken.) <br /> F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised Code <br /> of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Service Provider shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of the Work. Service Provider shall provide the City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> Page 5 <br /> (Form Approved by City Attorney's Office January 7,2010,updated November 4,2020) <br />