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b. City, its officers, officials, employees, and volunteers are to be covered as <br />additional insureds as respects: liability arising out of work or operations <br />performed by or on behalf of the Consultant; or automobiles owned, <br />leased, hired, or borrowed by the Consultant <br />c. Consultant hereby agrees to waive subrogation which any insurer or <br />contractor may require from vendor by virtue of the payment of any loss. <br />Consultant agrees to obtain any endorsements that may be necessary to <br />affect this waiver of subrogation <br />d. For any claims related to this Agreement or the work hereunder, the <br />Consultant's insurance covered shall be primary insurance as respects <br />the City, its officers, officials, employees, and volunteers. Any insurance <br />or self - insurance maintained by the City, its officers, officials, employees, <br />or volunteers shall be excess of the Consultant's insurance and shall not <br />contribute with it. <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall <br />submit the following: <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br />b. Additional Insured Endorsement as required by the section; <br />C. Waiver of Subrogation Endorsement as required by the section; and <br />d. Primary Insurance Endorsement as required by the section. <br />4.3 Errors and Omissions 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 errors and omissions liability insurance <br />for performing work pursuant to this Agreement in an amount not less than <br />$1,000,000 covering errors and omissions. Any deductible or self- insured <br />retention shall not exceed $150,000 per claim. <br />4.3.2 Claims-Made Limitations. The following provisions shall apply if the errors and <br />omissions 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 />b. Insurance must be maintained and evidence of insurance must be <br />provided for at least 5 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 shall purchase an extended period coverage <br />for a minimum of 5 years after completion of work under this Agreement. <br />Consulting Services Agreement between July 1, 2013 <br />City of San Leandro and TruePoint Solutions, LLC Page 5 of 13 <br />