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<br /> <br />Consulting Services Agreement between City of San Leandro and 07/01/2020 <br />Nelson\Nygaard Consulting Associates, Inc. for FLEX Shuttle Paratransit Page 6 of 15 <br />Consulting Services <br />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 /> <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 endorse ments that may be necessary to <br />effect this waiver of subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, the <br />Consultant’s General Liability and Auto Liability insurance coverage shall <br />be primary insurance as respects the City, its officers, officials, <br />employees, and volunteers. Any General Liability and Auto Liability <br />insurance or self-insurance maintained by the City, its officers, officials, <br />employees, or volunteers shall be excess of the Consultant’s insurance <br />and shall not contribute with it. <br /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall <br />submit the following: <br /> <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br /> <br />b. Additional Insured Endorsement as required by the section; <br /> <br />c. Waiver of Subrogation Endorsement as required by the section; and <br /> <br />d. Primary Insurance Endorsement as required by the section. <br /> <br /> <br />4.3 Professional Liability Insurance. <br /> <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 $3,000,000 per claim and aggregate covering the licensed <br />professionals’ negligent errors and omissions. Any deductible or self-insured <br />retention shall not exceed $150,000 per claim. <br /> <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 /> <br />a. The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br /> <br />DocuSign Envelope ID: C75EF7D5-7859-4B03-82A6-20F225DE3B68