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Consulting Services Agreement between City of San Leandro and August 24, 2023 <br />BSK Associates for Annual Paving 21-23 Page 6 of 15 <br />behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the <br />Consultant. <br />c.Consultant hereby agrees to waive subrogation which any insurer or contractor may <br />require from vendor by virtue of the payment of any loss. Consultant agrees to obtain <br />any endorsements that may be necessary to effect this waiver of subrogation. <br />d.For any claims related to this Agreement or the work hereunder, the Consultant’s <br />insurance coverage shall be primary insurance as respects the City, its officers, <br />officials, employees, and volunteers. Any insurance or self -insurance maintained by <br />the City, its officers, officials, employees, or volunteers shall be excess of the <br />Consultant’s insurance and shall not contribute with it. <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the <br />following: <br />a.Certificate of Liability Insurance in the amounts specified in the section; <br />b.Additional Insured Endorsement as required by the section; <br />c.Waiver of Subrogation Endorsement as required by the section; and <br />d.Primary Insurance Endorsement as required by the sec tion. <br />4.3 Professional Liability Insurance. <br />4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the <br />period covered by this Agreement professional liability insurance for licensed professionals <br />performing work pursuant to this Agreement in an amount not less than $2,000,000 <br />covering the licensed professionals’ errors and omissions. Any deductible or self -insured <br />retention shall not exceed $150,000 per claim. <br />4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability <br />coverage is writt en on a claims -made form: <br />a.The retroactive date of the policy must be shown and must be before the date of the <br />Agreement. <br />b.Insurance must be maintained and evidence of insurance must be provided for at least <br />5 years after completion of the Agreement or the work, so long as commercially <br />available at reasonable rates. <br />c.If coverage is canceled or not renewed and it is not repl aced with another claims -made <br />policy form with a retroactive date that precedes the date of this Agreement, <br />Consultant shall purchase an extended period coverage for a minimum of 5 years after <br />completion of work under this Agreement. <br />DocuSign Envelope ID: 7B75AD26-9318-40AB-955F-C0CC3601BA95