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5 <br /> <br />waiver of subrogation in favor of the City, its officials, officers, employees, agents, <br />and volunteers. <br /> <br />c. Workers’ Compensation Insurance. Statutory Workers’ Compensation and <br />Employer’s Liability Insurance shall be provided for all persons employed directly or <br />indirectly by Contractor. The Statutory Workers’ Compensation Insurance and <br />Employer’s Liability Insurance shall be provided with limits of not less than <br />$1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by <br />disease-each employee. The coverage shall provide and be endorsed to include a <br />waiver of subrogation in favor of the City, its officials, officers, employees, agents, <br />and volunteers. The requirement to maintain Statutory Worker’s Compensation and <br />Employer’s Liability Insurance may be waived by the City upon written verification <br />that Contractor does not have any employees. <br /> <br />d. Professional Liability Insurance. Professional liability insurance that insures against <br />professional errors and omissions that may be made in performing professional <br />services in the amount of $2,000,000 per claim and in the aggregate. Any policy <br />inception date, continuity date, or retroactive date must be before the effective date of <br />the start of work, and Contractor agrees to maintain continuous coverage through a <br />period no less than three (3) years after completion of the work. <br /> <br />e. Certificate of Insurance and Endorsements. Contractor shall file a certificate of <br />insurance and all required endorsements with the City prior to the City’s execution of <br />this Agreement, and prior to engaging in any operation or activity set forth in this <br />Agreement. The insurance afforded by this Certificate shall not be suspended, <br />voided, canceled, reduced in coverage or in limits without providing notice to the <br />named insured in accordance with policy terms. In addition, the insured shall provide <br />thirty (30) days prior written notice to the City of any cancellation, suspension, <br />reduction of coverage or in limits, or voiding of the insurance coverage required by <br />this agreement. The City reserves the right to require redacted declarations page. <br /> <br />f. Adequacy of Coverage. City reserves the right to modify these insurance <br />requirements/coverages based on the nature of the risk, prior experience, insurer, or <br />other special circumstances, subject to Contractor’s consent, which shall not be <br />unreasonably be withheld. <br /> <br />g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with <br />defense costs payable in addition to policy limits. There shall be no cross liability <br />exclusions. These provisions do not apply to Professional Liability. <br /> <br />h. Subcontractors. All subcontractors shall provide certificates of insurance to City for <br />its approval prior to commencement of work. Contractor shall be responsible for the <br />acts and omissions of its subcontractors in accordance with Section 12 <br />(“Indemnification”). <br /> <br />Page 200 of 443