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4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage <br />or added as a certified endorsement to the policy: <br />a. The Insurance shall cover on an occurrence or an accident basis, and not on a <br />claims -made basis. <br />b. City, its officers, officials, employees, and volunteers are to be covered as additional <br />insureds as respects: liability arising out of work or operations performed by or on <br />behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the <br />Consultant. <br />C. Consultant hereby agrees to waive subrogation which any insurer or contractor may <br />require from vendor by virtue of the payment of any loss. Consultant agrees to <br />obtain any endorsements that may be necessary to affect this waiver of subrogation. <br />d. For any claims related to this Agreement or the work hereunder, the Consultant's <br />insurance covered shall be primary insurance as respects the City, its officers, <br />officials, employees, and volunteers. Any insurance or self-insurance maintained by <br />the City, its officers, officials, employees, or volunteers shall be excess of the <br />Consultant's insurance and shall not contribute with it. <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the <br />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 />Primary Insurance Endorsement as required by the section. <br />4.3 Professional Liability Insurance. <br />4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the <br />period covered by this Agreement professional liability insurance for licensed professionals <br />performing work pursuant to this Agreement in an amount not less than $1,000,000 covering <br />the licensed professionals' errors and omissions. Any deductible or self-insured retention <br />shall not exceed $150,000 per claim. <br />4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional liability <br />coverage is written on a claims -made form: <br />a. The retroactive date of the policy must be shown and must be before the date of the <br />Agreement. <br />Consulting Services Agreement between City of San Leandro and MAY 2016 <br />TRB + Associates For Plan Check Services Page 5 of 13 <br />