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<br />Consulting Services Agreement between <br />City of San Leandro and Jakes Associates Inc. for Project No. 2023.3400 Page 5 of 14 <br />only if the program of self-insurance complies fully with the provisions of the <br />California Labor Code. Determination of whether a self-insurance program meets <br />the standards of the California Labor Code shall be solely in the discretion of the <br />Contract Administrator. <br /> <br />The Workers’ Compensation policy shall be endorsed with a waiver of subrogation <br />in favor of the entity for all work performed by the Consultant, its employees, <br />agents, and subcontractors. <br /> <br />4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall <br />submit the following: <br /> <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br />and <br /> <br />b. Waiver of Subrogation Endorsement as required by the section. <br /> <br />4.2 Commercial General and Automobile Liability Insurance - None <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 $1,000,000 covering the licensed professionals’ errors and <br />omissions. Any deductible or self-insured retention shall not exceed $150,000 per <br />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 />b. Insurance must be maintained and evidence of insurance must be <br />provided for at least 5 years after completion of the Agreement or the <br />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 <br />claims-made policy form with a retroactive date that precedes the date of <br />this Agreement, Consultant shall purchase an extended period coverage <br />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 <br />for review prior to the commencement of any work under this Agreement. <br />DocuSign Envelope ID: F1AB1E0D-FD04-4CA8-8E43-F2B8EA28A468