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<br />Consulting Services Agreement between City of San Leandro and 05/12/2025 <br />Freyer & Laureta Inc. for 2024 Sanitary Sewer Point Repair Project Exhibit D – Page 5 of 5 <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. Consultant shall require subcontractors to obtain an <br />additional insured endorsement to include the City. Consultant shall require and <br />verify that all subcontractors maintain insurance meeting all the requirements <br />stated herein and provide proof of such insurance upon request to the City. <br /> <br />1.5.7 Excess Insurance. If Consultant maintains higher insurance limits than the <br />minimum amounts required by this Agreement, City requires and shall be entitled <br />to coverage for the higher limits maintained by Consultant. Any available <br />insurance proceeds in excess of the specified minimum limits of insurance and <br />coverage shall be available to the City. <br /> <br />1.5.8 Variation. The City may approve a variation in the foregoing insurance <br />requirements, upon a determination that the coverage, scope, limits, and forms of <br />such insurance are either not commercially available, or that the City’s interests <br />are otherwise fully protected. <br /> <br />1.6 Submittal of Proof of Insurance Coverage. All certificates of insurance and original <br />endorsements effecting coverage required in this Section 4 must be electronically <br />submitted through the City’s online insurance document management program. Contractor <br />shall comply with all requirements provided by City related to the online insurance <br />document management program. <br /> <br />1.7 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the time <br />herein required, City may, at its sole option exercise any of the following remedies, which <br />are alternatives to other remedies City may have and are not the exclusive remedy for <br />Consultant’s breach: <br /> <br />▪ Obtain such insurance and deduct and retain the amount of the premiums for such <br />insurance from any sums due under the Agreement; <br /> <br />▪ Order Consultant to stop work under this Agreement or withhold any payment that <br />becomes due to Consultant hereunder, or both stop work and withhold any payment, <br />until Consultant demonstrates compliance with the requirements hereof; and/or <br /> <br />▪ Terminate this Agreement. <br /> <br />1.8 Notice of Claim. Consultant shall immediately notify City of any claim or loss against <br />Consultant arising out of work performed under this Agreement. City assumes no obligation or liability by <br />such notice but has the right to monitor the handling of any such claim. <br /> <br /> <br /> <br /> <br /> <br />Docusign Envelope ID: D040CCE6-5D6F-491B-8DE6-ACFC8DC6C1DD