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General Provisions - 4 <br />will be used in accomplishing this Agreement may be substituted for this insurance <br />requirement. <br />B. The above CGL and auto liability policies shall be primary as to the City and shall contain a <br />provision that the policy shall not be canceled or materially changed without 30 days prior <br />written notice to the City. No cancellation provision in any insurance policy shall be construed <br />in derogation of the continuous duty of Service Provider to furnish the required insurance <br />during the term of this Agreement. <br />C. Upon written request by the City, the insurer or its agent will furnish, prior to or during any <br />Work being performed, a copy of any policy cited above, certified to be a true and complete <br />copy of the original. <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 Service Provider performing any Work, Service Provider shall provide the City or the <br />City’s designee with a Certificate of Insurance acceptable to the City Attorney evidencing the <br />required insurance. Service Provider shall provide the City or the City’s designee with either <br />(1) a true copy of an endorsement naming the City of Everett, its officers, employees, agents <br />and volunteers as Additional Insureds on the Commercial General Liability Insurance policy <br />and the Business Automobile Liability Insurance policy with respect to the operations <br />performed and services provided under this Agreement and that such insurance shall apply <br />as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket <br />additional insured clause from the policies. Receipt by the City or the City’s designee of any <br />certificate showing less coverage than required is not a waiver of Service Provider’s <br />obligations to fulfill the requirements of this Section. No statement on a third-party website <br />(such as a Trustlayer) that a requirement is “waived” or “overridden” is a waiver of Service <br />Provider’s obligations to fulfill the requirements of this Section. <br />F. Service Provider 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 />Service Provider shall comply with the provisions of Title 51 of the Revised Code of <br />Washington before commencing the performance of the Work. Service Provider shall provide <br />the City with evidence of Workers’ Compensation Insurance (or evidence of qualified self- <br />insurance) before any Work is commenced. <br />G. 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 Service Provider, such types of <br />insurance in the name of Service Provider, and with such insurers, as the City may deem <br />proper, and may deduct the cost of providing and maintaining such insurance from any sums <br />which may be found or become due to Service Provider under this Agreement or may demand <br />Service Provider to promptly reimburse the City for such cost. <br />12. Risk of Loss. Service Provider shall be solely responsible for the safety of its employees, agents <br />and 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 Service Provider’s own risk, and <br />Service Provider shall be solely responsible for any loss of or damage to Service Provider’s <br />materials, tools, or other articles used or held for use in connection with the work. <br />13. Independent Contractor.