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4 <br />3.Business Automobile Liability Insurance in an amount not less than $1,000,000 <br />per occurrence, extending to any automobile. <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 thirty (30) days prior <br />written notice to the City. No cancellation provision in any insurance po licy shall be <br />construed in derogation of the continuous duty of the Contractor to furnish the required <br />insurance during the term of this Contract. <br />C.Prior to the Contractor performing any Work, Contractor shall provide the City with a <br />Certificate of Insurance acceptable to the City Attorney evidencing the required <br />insurance. The Contractor shall provide the City with endorsement(s) for the CGL and <br />auto policies naming the City of Everett, its officers, employees, and agents as <br />Additional Insureds. Receipt by the City or City’s designee of any certificate showing <br />less coverage than required is not a waiver of the Contractor’s obligations to fulfill th ese <br />requirements. No statement on a third-party website (such as a Trustlayer) that a <br />requirement is “waived” or “overridden” is a waiver of Contractor’s obligations to fulfill <br />the requirements of this Section. <br />D.The Contractor shall require subcontractors to provide coverage that complies with the <br />requirements stated herein. <br />9.Independent Contractor. Contractor is and shall be at all times during the term of this Contract <br />an independent contractor and not an employee of the City. Any and all employees of the <br />Contractor, while engaged in the performance of any work or services required by the <br />Contractor under this Contract, shall be considered employees of the Contractor only and not <br />of the City. <br />10.Contract Termination. <br />A.Termination for Default. The City may terminate the Contract upon written notice to <br />Contractor and its surety whenever the Contractor is deemed to be in default or fails to <br />fulfill, in a timely and proper manner, one or more Contract obligations or is in violation <br />of any provisions or covenants of the Contract. Termination shall be effective upon <br />receipt of such notice by the Contractor. <br />B.Termination for Convenience. Without prejudice to any other remedy it may have <br />under law or and/or the provisions of the Contract, the City may terminate this Contract <br />for convenience, with or without cause, in whole or in part, at any time by giving written <br />notice to the Contractor. Termination will be effective upon receipt of such notice by <br />the Contractor. The Contractor shall immediately discontinue Work and take all <br />reasonable steps with its suppliers and subcontractors to minimize cancellation char ges <br />and other costs. After termination for convenience, payment to the Contractor shall <br />only be for Work completed through the termination date. To the extent not paid for by <br />the Contract Price for completed Work, the City will pay as part of an adjustment of <br />Contract Price those direct costs necessarily and actually incurred by the Contractor in <br />reasonable anticipation of performing the Work that has been deleted or terminated. <br />No claim for damages of any kind for loss of anticipated profits or consequen tial