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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 6 of 14 <br />4.3 Professional Liability Insurance. <br /> <br />4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period <br />covered by this Agreement professional liability insurance for licensed professionals performing work <br />pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ <br />errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. <br /> <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 /> <br />a. The retroactive date of the policy must be shown and must be before the date of the Agreement. <br /> <br />b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years <br />after completion of the Agreement or the work, so long as commercially available at reasonable rates. <br /> <br />c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form <br />with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended <br />period coverage for a minimum of 5 years after completion of work under this Agreement. <br /> <br />d. A copy of the claim reporting requirements must be submitted to the City for review prior to the <br />commencement of any work under this Agreement. <br /> <br />4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be <br />included in the policy. <br /> <br />4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate <br />of Liability Insurance in the amounts specified in the section. <br /> <br /> <br />4.5 All Policies Requirements. <br /> <br />4.5.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with <br />a Bests' rating of no less than A:VII. <br /> <br />4.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall <br />furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the <br />insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of <br />Liability Insurance and certified endorsements shall show the signature of a person authorized by that <br />insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior <br />to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City <br />reserves the right to require complete copies of all required insurance policies at any time. <br /> <br />4.5.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written <br />approval of City for the self-insured retentions and deductibles before beginning any of the services or work <br />called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or <br />eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and <br />DocuSign Envelope ID: 7A84F803-3528-4F56-945D-63F8DD36D0C6