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a. City, its officers, officials, employees, and volunteers are to be covered as <br />insureds as respects: liability arising out of work or operations performed <br />by or on behalf of the Consultant. <br />b. 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 />C. For any claims related to this Agreement or the work hereunder, the <br />Consultant's insurance covered shall be primary insurance as respects the <br />City, its officers, officials, employees, and volunteers. Any insurance or self- <br />insurance maintained by the City, its officers, officials, employees, or <br />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. <br />ollowing: <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br />b. Additional Insured Endorsement as required by the section; <br />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 <br />for the period covered by this Agreement professional liability insurance for licensed <br />professionals performing work pursuant to this Agreement in an amount not less <br />than One Million Dollars ($1,000,000) covering the licensed professionals' errors <br />and omissions. Any deductible or self-insured retention shall not exceed $150,000 <br />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 />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 provided <br />for at least 5 years after completion of the Agreement or the work, so long <br />as commercially available at reasonable rates. <br />Consulting Services Agreement between City of San Leandro and Last revised July 1, 2018 <br />BAAHA for Homebuyer Program Page 5 of 13 <br />