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Any failure of Consultant to comply with reporting provisions of the policy <br />shall not affect coverage provided to City and its officers, employees, <br />agents, and volunteers. <br />4.3 Professional Liability Insurance. <br />4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain <br />for the period covered by this Agreement professional liability insurance for <br />licensed professionals performing work pursuant to this Agreement in an amount <br />not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed <br />professionals' errors and omissions. Any deductible orself-insured retention shall <br />not exceed $250,000 per claim. <br />4.3.2 Claims-made limitations. The following provisions shall apply if the professional <br />liability coverage is written on a claims-made form: <br />a. The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br />Insurance must be maintained and evidence of insurance must be <br />provided for at least five years after completion of the Agreement or the <br />work, so long as commercially available at reasonable rates. <br />c. If coverage is canceled or not renewed and it is not replaced with another <br />claims-made policy form with a retroactive date that precedes the date of <br />this Agreement, Consultant must provide extended reporting coverage for <br />a minimum of five years after completion of the Agreement or the work. <br />The City shall have the right to exercise, at the Consultant's sole cost and <br />expense, any extended reporting provisions of the policy, if the Consultant <br />cancels or does not renew the coverage. <br />d. A copy of the claim reporting requirements must be submitted to the City <br />prior to the commencement of any work under this Agreement. <br />4.4 All Policies Requirements. <br />4.4.1 Acceptability of insurers. All insurance required by this section is to be placed <br />with insurers with a Bests' rating of no less than A:VII. <br />4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, <br />Consultant shall furnish City with complete certified copies of all policies, including <br />complete certified copies of all endorsements. All copies of policies and certified <br />endorsements shall show the signature of a person authorized by that insurer to <br />bind coverage on its behalf. <br />Consulting Services Agreement between August 13, 2004 <br />City of San Leandro and Winzler and Kelly Consulting Engineers Page 5 of 20 <br />