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Business Auto Coverage shall be at least as broad as Insurance Services <br />Office Automobile Liability form CA 00 O1 including symbol 1 (Any <br />Auto) or the exact equivalent. No endorsement shall be attached limiting <br />the coverage. Limits are subject to review, but in no event to be less then <br />$1,000,000 per accident. If the Consultant owns no vehicles, this <br />requirement maybe satisfied by a non-owned auto endorsement to the <br />general liability policy described above. If Consultant or Consultant's <br />Employee's will use personal autos in any way on this project; Consultant <br />shall provide evidence of personal auto liability coverage for each person. <br />4.2.3 Additional requirements. Each of the following shall be included in the <br />insurance coverage or added as a certified endorsement to the policy: <br />a. The insurance shall cover on an occurrence or an accident basis, <br />and not on a claims-made basis. <br />b. Any failure of Consultant to comply with reporting provisions of <br />the policy shall not affect coverage provided to City and its <br />officers, employees, agents, and volunteers. <br />4.3 Professional Liability Insurance. <br />4.3.1 General requirements. Consultant, at its own cost and expense, shall <br />maintain for the period covered by this Agreement Professional Liability <br />Insurance or Errors and Omissions Insurance as appropriate shall be <br />written on a policy form coverage specifically designed to protect against <br />acts, errors or omissions of the consultant and "Covered Professional <br />Services" as described in the policy must specifically included work <br />performed under this agreement. The policy limit shall be no less then <br />$1,000,000 per claim and in the aggregate. The policy must "pay on behalf <br />of the insured and must include a provision establishing the insurer's <br />duty to defend. The policy retroactive date shall be on or before the <br />effective date of this agreement. <br />4.3.2 Claims-made limitations. The following provisions shall apply if the <br />professional liability coverage is written on a claims-made form: <br />a. The retroactive date of the policy must be shown and must be <br />before the date of the Agreement. <br />b. Insurance must be maintained and evidence of insurance must be <br />provided for at least five years after completion of the Agreement <br />or the work, so long as commercially available at reasonable rates. <br />San Leandro Blvd-BART Interface Plan June, 2009 <br />6 of 38 <br />