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<br />Consulting Services Agreement between City of San Leandro and Whitewater West Industries, Ltd for <br />Washington Manor Pool Renovation – Play Structure Page 7 of 15 <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. Reserved. <br /> <br />4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall <br />submit the Certificate of Liability Insurance in the amounts specified in the section. <br /> <br /> <br />4.4 Cyber Liability Insurance. – Not required <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 <br />with insurers with 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, <br />Consultant shall furnish City with certificate of insurance and related endorsement <br />required to evidence the coverage.. All copies of Certificates of Liability Insurance <br />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 <br />insurance documents prior to the Consultant beginning work, it shall not waive the <br />Consultant’s obligation to provide them. The City reserves the right to require <br />additional insurance documents to allow City to confirm verification of coverage <br />time. <br /> 4.5.3 Deductibles and Self-Insured Retentions. Self-insured retentions are the <br />responsibility of Consultant and are $500,000. <br /> <br />4.5.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” <br />policy limit (i.e. limit that is eroded by the cost of defense). <br /> <br />DocuSign Envelope ID: DC67CF15-DE43-49BE-AE02-90EF4C9C2A1FDocuSign Envelope ID: DD9847C6-E6E4-4038-AEB7-56EC21787179