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5 <br />Confidential <br />Liability Insurance may be waived by the City upon written verification that Contractor does not <br />have any employees. <br />d.Professional Liability Insurance. Professional liability insurance that insures against professional <br />errors and omissions that may be made in performing professional services in the amount of <br />$2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or <br />retroactive date must be before the effective date of the start of work, and Contractor agrees to <br />maintain continuous coverage through a period no less than three (3) years after completion of <br />the work. <br />e.Certificate of Insurance and Endorsements. Contractor shall file a certificate of insurance and all <br />required endorsements with the City prior to the City’s execution of this Agreement, and prior to <br />engaging in any operation or activity set forth in this Agreement. 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 named insured in accordance with policy terms. In addition, the insured <br />shall provide 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 this <br />agreement. The City reserves the right to require redacted declarations page. <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 other special <br />circumstances, subject to Contractor’s consent, which shall not be unreasonably be withheld. <br />g.Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs <br />payable in addition to policy limits. There shall be no cross liability exclusions. These <br />provisions do not apply to Professional Liability. <br />h.Subcontractors. All subcontractors shall provide certificates of insurance to City for its approval <br />prior to commencement of work. Contractor shall be responsible for the acts and omissions of its <br />subcontractors in accordance with Section 12 (“Indemnification”). <br />15.Independent Contractor. The Contractor is an independent contractor retained by the City to <br />perform the work described herein. All personnel employed by the Contractor, including <br />subcontractors, and personnel of said subcontractors, are not and shall not be employees of the <br />City. <br />16.Contractor’s Warranty. Contractor shall provide the City with warranties for Water Meters and <br />AMI components as specified in the Scope of Work and as set forth in Exhibit C Kamstrup North <br />America Product Warranty Model, including any work that may be required of Contractor <br />consistent with the warranties. Contractor further warrants that any failure on Kamstrup meters <br />installed as the part of the Project in excess of 200 meters measured over 60 consecutive days <br />would constitute Excessive Failures. If Excessive Failures occur, Contractor agrees to provide <br />the City with timely and reasonable meter change-out services and related activities at its own <br />expense, including labor, travel, materials, transportation, testing, repair, replacement, <br />deinstallation, dismantling, and reinstallation. <br />17.Labor Code/Prevailing Wages. For any installation of Water Meters or labor required to <br />support the AMI system, under the Scope of Work, Exhibit A under this Agreement is <br />Docusign Envelope ID: 6AD75F50-8A33-85A5-8039-9E3E1257A838Docusign Envelope ID: 177582DA-4F1C-8834-813C-BC4FD03AA45E