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v <br /> D. 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 above-required insurance <br /> and evidence of an endorsement naming the City of Everett, its officers, employees and agents, <br /> and OM, its officers, employees and agents as Additional Insureds on the Commercial General <br /> Liability Insurance policy,the Business Automobile Liability Insurance policy with respect to the <br /> operations performed and services provided under this Agreement and that such insurance shall <br /> apply as primary insurance on behalf of such Additional Insureds and any insurance purchased by <br /> Additional Insureds shall not contribute with such insurance. Receipt by the City of any <br /> certificate showing less coverage than required is not a waiver of the Contractor's obligations to <br /> fulfill the requirements. <br /> E. If the policy listed in paragraph 11.A.4. above, Professional Errors and Omissions <br /> Insurance, is on a claims made policy form, the retroactive date on the policy shall be the <br /> effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such <br /> policy shall be the same as the original policy provided. In the event that Contractor's <br /> Professional Errors and Omissions Insurance is terminated, Contractor shall obtain extended <br /> reporting or discovery period coverage for a period of not less than 36 months following <br /> expiration of the policy. <br /> F. Contractor 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 the Title. <br /> Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of the Work. Contractor shall provide the City with <br /> evidence of Worker's Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> G. In case of the breach of any provision of this section, the City may, at its option and <br /> with no obligation to do so, provide and maintain at the expense of Contractor, such types of <br /> insurance in the name of the Contractor,and with such insurers,as the City may deem proper,and <br /> may deduct the cost of providing and maintaining such insurance from any sums which may be <br /> found or become due to Contractor under this Agreement or may demand Contractor to promptly <br /> reimburse the City for such cost. <br /> H. Contractor's insurance obligations will survive termination or expiration of this <br /> contract. <br /> I. If, and to the extent, Contractor employs or engages subconsultants or subcontractors, <br /> then Contractor shall ensure that each such subconsultant and subcontractor(and subsequent tiers <br /> of subconsultants and subcontractors) complies with the obligations to procure and keep in force <br /> insurance as set forth in this Section or where subconsultants and subcontractors are unable to <br /> comply with the obligations of this Section, Contractor's shall procure and keep in force <br /> insurance to cover claims arising out of or alleged to arise out of the acts, omissions, or conduct <br /> of said subconsultants or subcontractors. <br /> 12. Independent Contractor. <br /> A. It is further agreed by and between the parties that because this Agreement shall not <br /> constitute nor create an employer-employee relationship, and since the Contractor is an <br /> independent contractor, Contractor shall be responsible for all obligations relating to federal <br /> 6 <br /> 10 <br />