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<br />General Provisions - 4 <br />D. The Description of Operations on the Certificate of Insurance must substantially read as <br />follows: "The above commercial general and auto liability policies are primary as to the City <br />of Everett; have the City of Everett, its officers, employees, agents, and volunteers as <br />additional insureds; and contain a provision that the policy shall not be canceled or <br />materially changed without 30 days prior written notice to the City of Everett." <br />E. Prior to Supplier performing any Work, Supplier shall provide the City or the City’s designee <br />with a Certificate of Insurance acceptable to the City Attorney evidencing the required <br />insurance. Supplier shall provide the City or the City’s designee with either (1) a true copy of <br />an endorsement naming the City of Everett, its officers, employees, agents and volunteers as <br />Additional Insureds on the Commercial General Liability Insurance policy and the Business <br />Automobile Liability Insurance policy with respect to the operations performed and services <br />provided under this Agreement and that such insurance shall apply as primary insurance on <br />behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause <br />from the policies. Receipt by the City or the City’s designee of any certificate showing less <br />coverage than required is not a waiver of Supplier’s obligations to fulfill the requirements. <br />F. If the Professional Errors and Omissions Insurance is on a claims made policy form, the <br />retroactive date on the policy shall be the effective date of this Agreement or prior. The <br />retroactive date of any subsequent renewal of such policy shall be the same as the original <br />policy provided. The extended reporting or discovery period on a claims made policy form <br />shall not be less than 36 months following expiration of the policy. <br />G. Supplier certifies that it is aware of the provisions of Title 51 of the Revised Code of <br />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 />Supplier shall comply with the provisions of Title 51 of the Revised Code of Washington before <br />commencing the performance of the Work. Supplier shall provide the City with evidence of <br />Workers’ Compensation Insurance (or evidence of qualified self-insurance) before any Work <br />is commenced. <br />H. In case of the breach of any provision of this Section, the City may, at its option and with no <br />obligation to do so, provide and maintain at the expense of Supplier, such types of insurance <br />in the name of Supplier, and with such insurers, as the City may deem proper, and may deduct <br />the cost of providing and maintaining such insurance from any sums which may be found or <br />become due to Supplier under this Agreement or may demand Supplier to promptly <br />reimburse the City for such cost. <br />12. Risk of Loss. Supplier shall be solely responsible for the safety of its employees, agents and <br />subcontractors in the performance of the work hereunder and shall take all protections <br />reasonably necessary for that purpose. All work shall be done at Supplier’s own risk, and Supplier <br />shall be solely responsible for any loss of or damage to Supplier’s materials, tools, or other articles <br />used or held for use in connection with the work. <br />13. Independent Contractor. <br />A. This Agreement neither constitutes nor creates an employer-employee relationship. <br />Supplier must provide services under this Agreement as an independent contractor. Supplier <br />must comply with all federal and state laws and regulations applicable to independent <br />contractors including, but not limited to, the requirements listed in this Section. Supplier <br />agrees to indemnify and defend the City from and against any claims, valid or otherwise, <br />made against the City because of these obligations. <br />B. In addition to the other requirements of this Section, if Supplier is a sole proprietor, Supplier <br />agrees that Supplier is not an employee or worker of the City under Chapter 51 of the Revised