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<br />Page 5 of 8 <br />policy shall provide and be endorsed to include a waiver of subrogation in favor of the City, <br />its officials, officers, employees, agents, and volunteers. <br />c. Workers’ Compensation and Employer’s Liability Insurance. Statutory Workers’ <br />Compensation and Employer’s Liability Insurance shall be provided for all persons <br />employed directly or indirectly by Contractor. The Statutory Workers’ Compensation <br />Insurance and 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 disease- <br />each employee. The coverage shall provide and be endorsed to include a waiver of <br />subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The <br />requirement to maintain Statutory Worker’s Compensation and Employer’s Liability <br />Insurance may be waived by the City upon written verification that Contractor does not have <br />any employees. <br />d. Professional Liability Insurance. Professional liability insurance that insures <br />against 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 inception <br />date, continuity date, or retroactive date must be before the effective date of the start of work, <br />and Consultant agrees to maintain continuous coverage through a period no less than three <br />(3) years after completion of the work. <br />e. Certificate of Insurance and Endorsements. Consultant shall file a certificate of <br />insurance and all required endorsements with the City prior to the City’s execution of this <br />Agreement, and prior to engaging in any operation or activity set forth in this Agreement. <br />The Certificate of Insurance shall provide in writing that the insurance afforded by this <br />Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without <br />providing notice to the City in accordance with California Insurance Code section 677.2 <br />which requires the notice of cancellation to: 1) include the effective date of the cancellation; <br />2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the <br />effective date of the cancellation, except that in the case of cancellation for nonpayment of <br />premiums or for fraud, the notice shall be given no less than 10 days prior to the effective <br />date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In <br />addition, the insured shall provide thirty (30) days prior written notice to the City of any <br />cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance <br />coverage required by this agreement. The City reserves the right to require complete <br />certified copies of policies. <br />f. 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 />g. 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 other <br />special circumstances. <br />h. Subcontractors. Consultant shall include all subcontractors as insured under its <br />policies or shall furnish separate certificates and endorsements for each subcontractor. All <br />coverages for subcontractors shall be subject to all of the requirements stated in this <br />Agreement, including but not limited naming additional insureds. <br /> <br />Page 64 of 443