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HomeMy WebLinkAboutCity Council - 5835 RESOLUTION NO. 5835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CONTRACTORS AND PERMIT APPLICANTS INSURANCE AND INDEMNITY REQUIREMENTS WHEREAS, there are persons and organizations performing services for the City (herein as "contractors" ) , and permit applicants who are engaged in various activities in the City all of whom subject the City to possible liability for damage to property and injury to persons; and The City desires contractors and permit holders to maintain insurance naming the City, its officers, and employees, as additional insureds; and The City desires to require indemnification by contractors and permit holders; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach, that the insurance coverage and indemnity required of all contractors and permit holders, other than design engineering consultants, who are engaged in various activities in the City which subject the City to possible liability, shall be as follows: 1 . COVERAGE REQUIRED A. General Liability . Combined single limit bodily injury, and property damage including products/completed operations liability and blanket contractual liability Minimum limits of one million dollars per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than -1 5835 twice the occurrence limit . In the event of aggregate coverage, the policy holder will endeavor to give the City notice of any known depletion of limits . Claims made policies are not acceptable. Self insured retentions are acceptable upon approval of Risk Manager . B. WORKERS COMPENSATION Workers ' compensation and employers ' liability in an amount of not less than $500,000 bodily injury by accident, each accident, $500,000 bodily injury by disease each employee, $1 ,000 ,000 bodily injury by disease, policy limit, as approved by the City Attorney. C. PROFESSIONAL LIABILITY INSURANCE AND WAIVERS 1 . Contractors providing professional services to the city shall be required to provide evidence of professional liability insurance in appropriate amounts and coverages as required by individual contract . 2 . Waivers of the professional liability insurance may be granted in appropriate cases . Contractors desiring a waiver shall submit an application for waiver to the City-Attorney. The application shall be reviewed and granted or denied by the Claims Settlement Committee. Applications shall contain the following information: A description of work to be performed . The cost of public liability insurance. The availability of insurance to consultant . The claims history of proposed contractor . -2- 5835 2. CERTIFICATES OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENTS Evidence of insurance coverage and limits required by the City shall be furnished to the City on the "Accord" or similar form. Certificates shall be approved by the City Attorney prior to commencement of any work or the issuance of any permit . A separate copy of an endorsement to each contractor's liability policy naming the city, its officers and employees as additional insureds shall be provided to the City Attorney prior to any payment to contractor. Endorsements and certificates shall provide for a 30 day written notice of cancellation of any coverage to the City. 3 . INDEMNITY Contractors and permit holders shall be required to indemnify I� City, its officers and employees from liability, arising from their negligence or willful misconduct. A copy of the City's current indemnity agreement is attached as exhibit "A" . The form of such agreement may be revised from time to time by the City Attorney in conformance with state or court decision without revision of this resolution. Each invitation to bid shall include the City Attorney 's latest approved form as a part of the bid package. 4 . DESIGN ENGINEERING CONSULTANTS - EXEMPTION Design and engineering consultants are exempt from the insurance and indemnity requirements of this resolution. Insurance and indemnity requirements for design and engineering consultants are covered by a separate resolution of the Council. -3- 5835 5. PERSONS AFFECTED Any person or organization who contracts with the City or who make application for any building permit, overweight permit , public street, public park or public beach use, or any miscellaneous use of City buildings or other property or who provides any good or service whatsover, to the City, is required to comply with the requirements of this resolution. RESOLUTION NO. 4337 and all other RESOLUTIONS in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof, held on CC the 7th day of March 1988 I • Mayor ATTEST: . n /, :2tw2pf 1 City Clerk APPROV-ED AS TO CONTENT: APPROVED AS TO FORM: c City Administrator City Attorney APPROVED, INITIATING DEPARTMENT: �� .1� - ACTING DIRWC OF PUBLIC WORKS rf -4- 5835 EXHIBIT "A" TO RESOLUTION NO. 5835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CONTRACTORS AND PERMIT APPLICANTS INSURANCE AND INDEMNITY REQUIREMENTS INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. Any costs of defense or attorney 's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure S 1021 . -5- 5835 Res. No. 5835 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) so: CITY OF HUNT INGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 7th day of March 19 88 , by the following vote: AYES: Councilmen: Kelly, Green, Finley, ERskine, Mays, Winchell, Bannister NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of. the City of Huntington Beach, California 5835