HomeMy WebLinkAboutCity Council - 5836 RESOLUTION NO. 5836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING DESIGN AND ENGINEERING
CONSULTANTS INSURANCE AND INDEMNIFICATION REQUIREMENTS
WHEREAS, there are design engineering consultants who provide
professional services to the City, (herein as "consultants" ) whose
services may subject the City to liability; and
The City desires to require indemnity from all such
consultants; and
The City desires to establish general public liability,
professional liability and workers compensation and employers '
liability insurance requirements for consultants, and the City
desires to establish, in appropriate cases, a procedure for waiver
of the professional liability insurance requirements .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Huntington Beach that the insurance and indemnity requirements
for design engineering consultant contracts shall be as follows :
1 . COVERAGE REQUIRED
(a) PROFESSIONAL LIABILITY INSURANCE
Consultants shall be required to furnish the CITY with
evidence of coverage in the following amounts :
i ) High Value Consultant Contracts . Consultants whose
contract fees are $100 ,000 or greater per project, shall
be required to provide a minimum of $500 ,000 of
professional liability insurance. A claims made policy
shall be acceptable .
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Low Value Consultant Contracts . Consultants whose
contract fee in any one agreement is to be less than
$100 ,000 , shall provide a minimum of $500 ,000
professional liability insurance coverage, unless the
professional liability insurance requirement is waived.
iii ) Waiver . Low cost consultants may seek a waiver of the
professional liability insurance requirement .
Consultants 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 professional liability insurance.
The availability of professional insurance to
consultant .
The claims history of proposed consultant .
(b) GENERAL LIABILITY COVERAGE
Combined single limit bodily injury, and property damage
including products/completed operations liability and
blanket contractual liability: Minimum limits of
$1 ,000,000 per occurrence. If coverage is provided under
a form which includes a designated general aggregate
limit, the aggregate limit must be no less than
$i ,000,000 .00 . 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
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not acceptable. Self insured retentions are acceptable
upon approval of Risk Manager.
C. WORKERS COMPENSATION INSURANCE
Each consultant shall provide evidence of maintenance of
statutory workers compensation insurance 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 .
2 . INDEMNIFICATION OF THE CITY
Consultants shall be required to indemnify City, its officers
and employees from liability, arising from consultant ' s
negligence or willful misconduct . A copy of the City
Attorney 's current form is attached as Exhibit "A" . Such form
may be revised from time to time by the City Attorney in
conformance with the case or statute law without revision of
this resolution. Each invitation to bid shall include the
City Attorney's latest form as a part of the bid package in
order to give notice to the potential consultant of the city 's
insurance and indemnity requirements .
3 . CERTIFICATE OF INSURANCE AND ENDORSEMENT FORMS
Evidence of all required insurance coverages and of the limits
required by the City shall be furnished to the City Attorney
on the "Accord" or similar form and approved by the City
Attorney prior to the commencement of any work under the
agreement concerned. A copy of any required endorsement to a
policy naming the City, officers and employees as additional
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insureds shall also be provided for all policies to the City
Attorney and approved prior to any payment to the consultant .
Endorsements and certificates shall provide for a 30 day
written notice of cancellation of any coverage to City.
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
the 7th day of March , 1988 .
C,,7
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator City Attorney
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EXHIBIT "A"
TO RESOLUTION NO. 5836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING DESIGN AND ENGINEERING
CONSULTANTS INSURANCE AND INDEMNIFICATION REQUIREMENTS
Consultant shall indemnify and save and hold harmless city,
its officers and employees, from any and all liability, including
any claim of liability and any and all losses or costs arising out
of the negligent performance of this agreement by consultant, its
officers or employees or from any willful misconduct of
consultant, its officers or employees while engaged in the
performance of this agreement .
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Res. No. 5836
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON 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
7
City Clerk and ex-officio Clerk
of the City Council of. the City
of Huntington Beach, California
5836