City Council

11. INSURANCE 11. During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to s performance of this property that may arise from or in connection with Consultant' Agreement. Such insurance shall be of the types and in the amounts as set forth below: 1. Comprehensive 11. General Liability Insurance with coverage limits of not less than One Million Dollars ($ 1,000) including products and operations hazard, 000, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable. 2 Automobile 1. 11. Liability Insurance for vehicles used in connection with the of this Agreement with minimum limits of One Million Dollars performance 000)per incident. 000)per claimant and One Million dollars ($ 1, 000, 1, 000, 3 Worker' 11. 1. s Compensation insurance as required by the laws of the State of Initials: ( City) Contractor) Page 6 of 26 v. 7. 0 ( Last 04/ 22) Update: 05/ Professional Services Agreement Providing for Payment of Prevailing Wages MNS Engineers, Inc. City of Calabasas// California, including but not limited to California Labor Code § 1860 and 1861 as follows: Contractorshall take out and maintain, during the life of this contract, Worker' s site of Compensation Insurance for all of s employees employed Contractor' at the improvement; and, if any work is sublet, Contractor shall require the subcontractor s Compensation Insurance for all of similarly to provide Worker' the latter' s employees, unless such employees are covered by the protection afforded s subcontractors shall by Contractor. Contractor and any of Contractor' be required to provide City with a written statement acknowledging its obligation s Compensation Insurance as required by Labor to secure payment of Worker' Code § 1861; to wit: ` I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' insurance in accordance with the provisions of compensation or to undertake self- that code, and I will comply with such provisions before commencing the performance of the work of this contract.' If any class of employees engaged in work under this contract at the site of the Project is not protected under any s Compensation law, Contractor shall provide and shall cause each Worker' subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance. 4 Professional Errors and Omissions Insurance with coverage limits of not less than 1. 11. One Million Dollars ($ 1, 000, 000). 2 11. Consultant require each of its subcontractors to maintain insurance shall coverage that meets all of the requirements of this Agreement. 3 11. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best' s Insurance Guide. 4 11. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may either ( i)immediately terminate this Agreement; or ( ii)take out the necessary s expense, the premium thereon. insurance and pay, at Consultant' 5 11. At all times during the term of this Agreement, Consultant shall maintain on file with of insurance showing that the aforesaid City' Risk Manager a certificate or certificates s policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. Consultant shall, prior to commencement of work under this Agreement, file with s Risk Manager such City' s). certificate( 11. 6 Consultant provide proof that policies of insurance required herein expiring during shall the term of this Agreement have been renewed or replaced with other policies providing Initials: ( City) Contractor) ar Page 7 of 26 v. 7. 0 ( 22) Last Update: 05/ 04/ Professional Services Agreement Providing for Payment of Prevailing Wages City of Calabasas// MNS Engineers, Inc. at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. 7 11. The General Liability Policy of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. The General Liability Policy required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word " endeavor" with regard to any notice provisions. If this contract provides service to a Homeowners Association, that Homeowners Association must be listed as an additional insured in addition to the City. 8 11. The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or insurance self- maintained by City or and/ its officers, employees, agents Consultant' insurance and shall not contribute with it. or volunteers, shall be in excess of s 9 11. All insurance coverage provided this Agreement shall not prohibit pursuant to s employees, agents or subcontractors, from waiving the right Consultant, and Consultant' of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City. 11. 10 Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self - insured retentions with respect to City, or Consultant shall procure a bond or other security acceptable to the City guaranteeing payment of losses and expenses. 11 11. Procurement by Consultant shall not be construed as a limitation of of insurance Consultant' s liability s duties to indemnify, hold full performance of Consultant' or as harmless and defend under Section 10 of this Agreement.