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<br />Consulting Services Agreement between City of San Leandro Last revised November 8, 2022 <br />and NBS for Cost Allocation Plan, Comprehensive User Fee Study, & Development Impact Fee Study Page 5 of 14 <br />4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial <br />general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and <br />automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per <br />occurrence, combined single limit coverage for risks associated with the work contemplated by this <br />Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a <br />general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be <br />performed under this Agreement or the general aggregate limit shall be at least twice the required <br />occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising <br />from bodily and personal injury, including death resulting therefrom, and damage to property resulting from <br />activities contemplated under this Agreement, including the use of owned and non-owned automobiles. <br /> <br />4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as <br />Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) <br />covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least <br />as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No <br />endorsement shall be attached limiting the coverage. <br /> <br />4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or <br />added as a certified endorsement to the policy: <br /> <br />a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. <br /> <br />b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as <br />respects: liability arising out of work or operations performed by or on behalf of the Consultant; or <br />automobiles owned, leased, hired, or borrowed by the Consultant. <br /> <br />c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from <br />vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be <br />necessary to effect this waiver of subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance <br />coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. <br />Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall <br />be excess of the Consultant’s insurance and shall not contribute with it. <br /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall 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 />DocuSign Envelope ID: 7A84F803-3528-4F56-945D-63F8DD36D0C6