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Page 5 of 8 policy shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. c. Workers’ Compensation and Employer’s Liability Insurance. Statutory Workers’ Compensation and Employer’s Liability Insurance shall be provided for all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease- each employee. The coverage shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officials, officers, employ ees, agents, and volunteers. The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Contractor does not have any employees. d. Professional Liability Insurance. Professional liability insurance that insures against professional errors and omissions that may be made in performing professional services in the amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of the start of work, and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the work. e. Certificate of Insurance and Endorsements. Consultant shall file a certificate of insurance and all required endorsements with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California I nsurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies. f. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. These provisions do not apply to Professional Liability. g. Adequacy of Coverage. City reserves the right to modify these insurance requirements/coverages based on the nature of the risk, prior experience, insurer, or other special circumstances. h. Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds. Docusign Envelope ID: 776668AA-84FE-8E4D-81ED-F89B854166B8Docusign Envelope ID: 1E4E4FCF-7AB2-8687-82B4-D0B680FDBFDB