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______________________________________________________________________________ <br />Consulting Services Agreement between City of San Leandro and 9/1/2023 <br />W-Trans for Citywide Engineering and Traffic Survey Page 6 of 16 <br />a. The Insurance shall cover on an occurrence or an accident basis, and not <br />on a claims-made basis. <br /> <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 endorsements 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 insurance coverage shall be primary insurance as respects <br />the City, its officers, officials, employees, and volunteers. Any insurance or <br />self-insurance maintained by the City, its officers, officials, employees, or <br />volunteers shall be excess of the Consultant’s insurance and shall not <br />contribute with it. <br /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit <br />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 />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 />DocuSign Envelope ID: BA6C6FBE-609E-4FB3-8091-23FE1499D375