City Council

11. INSURANCE\n11. During the term of this Agreement, Consultant shall carry, maintain, and keep in full\nforce and effect insurance against claims for death or injuries to persons or damages to\ns performance of this\nproperty that may arise from or in connection with Consultant'\nAgreement. Such insurance shall be of the types and in the amounts as set forth below:\n1. Comprehensive\n11. General Liability Insurance with coverage limits of not less than\nOne Million Dollars ($ 1,000) including products and operations hazard,\n000,\ncontractual insurance, broad form property damage, independent consultants,\npersonal injury, underground hazard, and explosion and collapse hazard where\napplicable.\n2 Automobile\n1.\n11. Liability Insurance for vehicles used in connection with the\nof this Agreement with minimum limits of One Million Dollars\nperformance\n000)per incident.\n000)per claimant and One Million dollars ($ 1,\n000,\n1, 000,\n3 Worker'\n11.\n1. s Compensation insurance as required by the laws of the State of\nInitials: ( City) Contractor) Page 6 of 26\nv. 7.\n0 (\nLast 04/\n22)\nUpdate: 05/\nProfessional Services Agreement\nProviding for Payment of Prevailing Wages\nMNS Engineers, Inc.\nCity of Calabasas//\nCalifornia, including but not limited to California Labor Code § 1860 and 1861 as\nfollows:\nContractorshall take out and maintain, during the life of this contract, Worker'\ns\nsite of\nCompensation Insurance for all of s employees employed\nContractor' at the\nimprovement; and, if any work is sublet, Contractor shall require the\nsubcontractor s Compensation Insurance for all of\nsimilarly to provide Worker'\nthe latter'\ns employees, unless such employees are covered by the protection\nafforded s subcontractors shall\nby Contractor. Contractor and any of Contractor'\nbe required to provide City with a written statement acknowledging its obligation\ns Compensation Insurance as required by Labor\nto secure payment of Worker'\nCode § 1861; to wit: `\nI am aware of the provisions of Section 3700 of the Labor\nCode which require every employer to be insured against liability for workers'\ninsurance in accordance with the provisions of\ncompensation or to undertake self-\nthat code, and I will comply with such provisions before commencing the\nperformance of the work of this contract.' If any class of employees engaged in\nwork under this contract at the site of the Project is not protected under any\ns Compensation law, Contractor shall provide and shall cause each\nWorker'\nsubcontractor to provide adequate insurance for the protection of employees not\notherwise protected. Contractor shall indemnify and hold harmless City for any\ndamage resulting from failure of either Contractor or any subcontractor to take\nout or maintain such insurance.\n4 Professional Errors and Omissions Insurance with coverage limits of not less than\n1.\n11.\nOne Million Dollars ($ 1,\n000,\n000).\n2\n11. Consultant require each of its subcontractors to maintain insurance\nshall coverage that\nmeets all of the requirements of this Agreement.\n3\n11. The policy or policies required by this Agreement shall be issued by an insurer admitted\nin the State of California and with a rating of at least A:VII in the latest edition of Best'\ns\nInsurance Guide.\n4\n11. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect,\nCity may either ( i)immediately terminate this Agreement; or ( ii)take out the necessary\ns expense, the premium thereon.\ninsurance and pay, at Consultant'\n5\n11. At all times during the term of this Agreement, Consultant shall maintain on file with\nof insurance showing that the aforesaid\nCity' Risk Manager a certificate or certificates\ns\npolicies are in effect in the required amounts and naming the City and its officers,\nemployees, agents and volunteers as additional insureds. Consultant shall, prior to\ncommencement of work under this Agreement, file with s Risk Manager such\nCity'\ns).\ncertificate(\n11.\n6 Consultant provide proof that policies of insurance required herein expiring during\nshall\nthe term of this Agreement have been renewed or replaced with other policies providing\nInitials: ( City) Contractor) ar Page 7 of 26\nv. 7.\n0 ( 22)\nLast Update: 05/\n04/\nProfessional Services Agreement\nProviding for Payment of Prevailing Wages\nCity of Calabasas//\nMNS Engineers, Inc.\nat least the same coverage. Such proof will be furnished at least two weeks prior to the\nexpiration of the coverages.\n7\n11. The General Liability Policy of insurance required by this Agreement shall contain an\nendorsement naming City and its officers, employees, agents and volunteers as additional\ninsureds. The General Liability Policy required under this Agreement shall contain an\nendorsement providing that the policies cannot be canceled or reduced except on thirty\ndays' prior written notice to City. Consultant agrees to require its insurer to modify the\ncertificates of insurance to delete any exculpatory wording stating that failure of the\ninsurer to mail written notice of cancellation imposes no obligation, and to delete the\nword " endeavor" with regard to any notice provisions. If this contract provides service to\na Homeowners Association, that Homeowners Association must be listed as an additional\ninsured in addition to the City.\n8\n11. The insurance provided by Consultant shall be primary to any coverage available to City.\nAny insurance or insurance\nself- maintained by City or\nand/ its officers, employees, agents\nConsultant' insurance and shall not contribute with it.\nor volunteers, shall be in excess of s\n9\n11. All insurance coverage provided this\nAgreement shall not prohibit\npursuant to\ns employees, agents or subcontractors, from waiving the right\nConsultant, and Consultant'\nof subrogation prior to a loss. Consultant hereby waives all rights of subrogation against\nthe City.\n11.\n10 Any deductibles or self -insured retentions must be declared to and approved by the City.\nAt the option of City, Consultant shall either reduce or eliminate the deductibles or self -\ninsured retentions with respect to City, or Consultant shall procure a bond or other\nsecurity acceptable to the City guaranteeing payment of losses and expenses.\n11\n11. Procurement by Consultant shall not be construed as a limitation of\nof insurance\nConsultant'\ns liability s duties to indemnify, hold\nfull performance of Consultant'\nor as\nharmless and defend under Section 10 of this Agreement.