HomeMy WebLinkAboutCity Council - 97-20 RESOLUTION NO. 97-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REVISING RESOLUTION NO. 6277 ESTABLISHING MINIMUM INSURANCE AND
INDEMNITY REQUIREMENTS
WHEREAS, there are persons and organizations who are engaged in various activities
in the City, thereby subjecting the City to substantial risk of liability for damage to property and
injury to persons; and,
The City desires to establish minimum insurance and indemnification requirements;
and, in appropriate cases, a procedure for the waiver thereof; and,
The City desires to establish internal staff responsibility for the administration of the
insurance required by this Resolution and delineate the authority to make adjustments to
requirements based upon unique and unusual circumstances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the minimum insurance coverage and indemnity requirements shall be as follows:
SECTION I. MINIMUM INSURANCE AND INDEMNIFICATION REQUIREMENTS
A. Definitions:
1. "Contractors" are any persons or entities who contract with the City and/or provide
services to the City which are readily available and efficiently procured by competitive bidding.
2. "Professional Services Contractors" are any persons or entities who contract with the
City and/or provide services to the City which require a special skill or expertise or are not
readily available and efficiently procured by competitive bidding.
3. "Permit Holders" are those persons or entities who make application to the City for any
building permit or for the use of or encroachment upon any public street, waterway, pier, or
City property.
B. Indemnity and Insurance Coverage Requirements Defined
1. General Liability: Combined single limit bodily injury and property damage:
Minimum limits of $1,000,000 per occurrence.
a. Coverage must include completed operations liability and blanket contractual
liability and, where products are furnished, products liability
b. If coverage is provided under a form which includes a designated general
aggregate limit, the aggregate limit must be no less than $1,000,000 and the
policy holder shall submit written notice of any known depletion of limits to City
attached to the proof of insurance.
C. Claims made policies are not acceptable, except that claims made insurance for
pollution liability shall be acceptable.
g:lresolution(nsMl7197 1
d. All deductibles, self-insured retentions, or alternative forms of providing
coverage must be approved through the Waiver Procedure set forth in Section
IV to this Resolution.
e. The City, its agents, officers and employees are to be covered as additional
insureds as respects liability arising out of action performed by or on behalf of
the contractor, products and completed operations of the contractor, premises
owned, occupied or used by the contractor, or automobiles owned, leased or
borrowed by the contractor. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its agents, officers and
employees.
f. For any claims related to the project, the contractor's insurance coverage shall
be primary insurance as respects the City, its agents, officers, and employees.
Any insurance or self-insurance maintained by the City, its agents, officers, and
employees shall be excess of the contractor's insurance and shall not contribute
with it.
g. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its agents,
officers and employees.
h. The contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
2. Workers Compensation and-Employers' Liability: In accordance with the applicable
state statutes with limits in the case of workers' compensation and employers' liability in
amounts not less than the State statutory limits.
Alternatively, a signed declaration of non-employee status shall be filed. A certificate or
consent to self-insure issued by the California Director of Industrial Relations is also
acceptable.
3. Professional Liability Insurance: Coverage must be provided at a minimum of
$1,000,000 per occurrence and in the aggregate.
a. Claims made policies are acceptable if the policy further provides that:
1. The policy retroactive date coincides with or precedes the
professional services contractor's start of work (including subsequent
policies purchased as renewals or replacements).
2. The professional services contractor will make every effort to
maintain similar insurance during the required extended period of
coverage following project completion, including the requirement of
adding all additional insureds.
3. If insurance is terminated for any reason, professional services
contractor agrees to purchase an extended reporting provision of at least
two (2) years to report claims arising from work performed in connection
with this agreement or permit.
4. The reporting of circumstances or incidents that might give rise to
future claims.
g1resolutionfins216/17/97
2
4. tndemni
a. Contractors and Permittees for work involving the public right-of-way shall be
required to indemnify City, its officers and employees from liability, pursuant to
the indemnity agreement attached hereto and incorporated herein by this
reference as ExleM, W.
b. All other persons or organizations shall be required to indemnify City, its
officers, and employees from liability, pursuant to the City's indemnity
agreement attached hereto and incorporated by reference as. .
C. Certificate of Insurance
1. Form. Evidence of insurance coverage and limits as required by the City shall be
furnished to the City as a certificate holder on the "Accord' or similar form approved by the City
Attorney. (See samples attached herein as E I I .
a. Cancellation
Each insurance policy required by this resolution shall be endorsed to state that
coverage shall not be suspended, voided or canceled by either party, reduced in
coverage or in limits except after thirty days prior written notice; however, ten
days prior written notice in the event of cancellation for nonpayment of premium
is acceptable for all persons or organizations, except as required by the
Standard Specifications for Public Works Construction.
b. The description of work to be performed, the City department involved in the
performance, and the City staff contact person must be clearly identified on the
"Accord" or similar form evidencing insurance coverage.
C. The City of Huntington Beach, its agents, officers and employees must be
identified as an additional insured with respect to general liability coverage as
set forth in Section I(B)(1)(e).
d. Subcontractors
Contractors shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated
herein.
2. Approval of Certificate Insurance certificates must be approved by the City
Attorney prior to commencement of any performance under a contract or issuance of any
permit, as authorized by the City Charter.
3. Acceptability of Insurers Insurance must be placed with insurer with a Best's rating
of no less than A: VII and insurer must be a California admitted carrier.
gAesolutionfins216/17197
3
SECTION III REQUIREMENTS
A. Contractors must meet the requirements as set forth in - incorporated by
reference and attached herein.
B. Permittees
1. Permittees for work involving the public right-of-way or for the use of or encroachment
upon the public right-of-way must meet the insurance requirements as set forth in Exhibit"D"
incorporated by reference and attached hereto.
2. Permittees for work not involving the public right-of-way, nor its use or encroachment
upon, shall only be required to provide workers compensation coverage as set forth in this
resolution.
C. Professional Services Contractors
1. Professional Services Contractors providing goods and services only must meet the
requirements as set forth in E !*"Ea incorporated by reference and attached hereto.
2. Professional Services Contractors providing goods and services, including construction
or installation, must meet the requirements as set forth in- - incorporated by reference
and attached hereto.
D Licensees/Lessees must meet the requirements as set forth in;
incorporated by reference and attached hereto.
E. Vendors
1. Vendors supplying goods including delivery, service and/or installation must meet the
requirements of Exhibit"D".
2. Vendors supplying goods only without delivery, service and/or installation are required
to provide products liability coverage only.
F. The insurance requirements of persons or organizations not identified herein shall be
as designated by the agreement. All certificates of insurance designated must conform to the
requirements of this Resolution.
G. Exemptions.
1. Public entities are exempt from the requirements of this resolution. Any insurance and
indemnity requirements of a public entity shall be pursuant to Section I11(f).
2. Persons providing judicial or quasi-judicial services as independent contractors, such
as judges, arbitrators, hearing officers, expert witnesses, and court reporters shall be exempt
from all insurance coverage requirements. Any insurance and indemnity requirements shall be
pursuant to Section III(f).
9:1r9sduEioMns21W17/97
4
SECTION IV. WAIVER OR MODIFICATION PROCEDURE
A. Waivers or Modification Request Form:
A department Request for Waiver or Modification, E h "W attached, shall be completed and
forwarded to the Risk Manager for all requests for waiver or modifications of the minimum
indemnification and insurance requirements.
B. Waiver or Modification Authority
1. For all City contracts valued at $10,000 or less and for permit applications; the Risk
Manager and the City Attomey may approve waiver or modification of the insurance
requirements.
2. For all other City contracts:
a. The Risk Manager and City Attorney may approve deductibles and self-insured
retentions at a value not to exceed $10,000, and or any waivers or modifications
of the certificate forms as set forth in Section I (C), Certificate of Insurance.
b. The Settlement Committee may approve deductibles and self-insured retentions
at a value not to exceed $25,000 and or any waivers or modifications of the
certificate forms as set forth in Section I (C), Certificate of Insurance.
C. All requests for waiver or modification at a value exceeding $25,000 shall be
submitted to the Settlement Committee for review and recommendation prior to
submission to City Council. The recommendation of the Settlement Committee
must be submitted attached to the Request for Council Action.
3. Waiver Criteria Reguestin4_Waiver or Modification to City Council. The criteria to
evaluate any requests for waiver shall include the following:
a. The type of waiver or modification requested;
b. The reason for the waiver or modification;
C. The nature of the scope of work;
d. The cost of the contract;
e. The liability exposure of the City;
f. The cost and availability of the coverage requested;
g. The claim history of the requesting party;
h. The past experience of the City with the requesting party; and
i. The past experience of the City with other contracting parties of a similar nature.
5
gYresolutionrwa2M 9/97
SECTION V. Resolution 6277 and all other Resolutions in conflict herewith are hereby
repealed.
PASSED AND ADOPTED by the City Council of the City of the City of Huntington
Beach at a regular meeting held 7th day of July 1997.
ATTEST: Ma or
City Clerk APPROVED AS TO FORM:
r
City Attorney
REVIEWED, CO-INITIATED AND APPROVED:
City Attorney
�./g.17
I - D AN PP D:
u C' A ministratorl re r of
Administrativ Services
6
g;lreso1utkW1ns2/6/19/97
EXHIBIT A
TO RESOLUTION NO. 97-20
CONTRACTOR'S INDEMNIFICATION, DEFENSE, HOLD HARMLESS
Contractor hereby agrees to protect, defend, indemnify and hold and save harmless City, its officers,
officials, employees and agents from and against any and all liability, claims, damages, losses,
expenses, judgments, costs and demands, however caused, including, but not limited to concurrent
active or passive negligence, those resulting from death or injury to Contractor's employees and
damage to Contractor's property, arising directly or indirectly out of the obligations or operations
herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the
Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, except where caused by the active negligence, sole
negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and
expense.
jmp/Wresouf ionAnsreq/6/17/97
1
EXHIBIT B
TO RESOLUTION NO. 97-20
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
shall protect, defend, indemnify and save and hold
harmless City, its officers, officials, and employees, and agents from and against any and all liability,
loss, damage, expenses, costs (including without limitation costs and fees of litigation of every
nature) arising out of or in connection with Contractor's performance of this agreement or its failure
to comply with any of its obligations contained in the agreement by Professional Services
Contractors, its officers, agents or employees except such loss or damage which was caused by the
sole negligence or willful misconduct of the City.
jmP*JresoutiorYnsreglfi/t 7197
2
97-20
,A,gw
It"
DATE(MMIDONY)B"ll:L�JTIY`IN-
rf
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
COMPANIES AFFORDING COVERAGE
jI COMPANY
A
INSURED COMPANY
B
COMPANY
C
COMPANY
D
. ..N.,.......
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
uk DATE(MWr;-DIYY) DATE(MWDDNY)
GENERAL LIASILITY GENERALAGGPEqATE Is
A COMMERCIAL GENERAL LIABILITY �P�Rr- It-S-COMPIOP AGG Is
777T-7 " ,
CLAINIS MADE OCCUR ,4 ACV INJURY IS
OWNER'S S CONTRACTOR'S PROT DAMAGE OCCURRENCE Is
,E(An, ,�."L'.1 IS
I MED EXP(Any cne person} Is
0
AUTOMOBILE LIABILITY
7---1 ANY AUTO COMBINED SINGLE UM4 T S
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS j FBODILY INJURY
(Per accident)
NON-OWNED AUTOS
PROPERTY 0 A M A 0 E S
GARAGE LIABILITY 7 AUTO ONLY-EA ACCIO ENT I
ANY AUTO I OTHER THAN AUTO ONLY;
A�
EACH ACCIDENT S
C AGGREGATE S
-- I
EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FCl-ON S
I�K SILATU S 0 7,1-,
WORKERS COMPENSATION A
EMPLOYERS'LIABILITY
11 EL EACH ACCIDENT fs
THE PROPRIE70R/
PARTNERS/EXECUTIVE INCL Et.DISEASE-POLICY LIMIT S
OFFICERS APE
: I EXCL� EL DISEASE EA EMPLOYEE i S
OTHER
DESCRIPTION OF OPERATIONS(LOCATIONSNEHICLESISPECtAL ITEMS
0 Z
1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
Risk Management Division 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 Main Street YJOM
Huntington Beach,CA 92648
AUTHORIZED REPRESENTATIVE
POP
-Mi
Exhibit C pg. 1 of 5
97-20Jr/1,b
r� '{ POLICY NUMBER: IOMMERCIAL GENERAL LIABILffY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED—OWNERS, LESSEES or
CONTRACTORS (Form A)
This endorsement modifies insurance provided ur er the following:
COMMERCIAL GENERAL LIABILftY COVERAGE PART.
SCHEDULE
Name of Person or Organiz-ation (Additional Insure-d): Location of
Covered Operations
Premium Basis Rates Advance Premium
Bodily injury and (Per
Property Damage Liability Cost $1000 of cast) S
Total Advance Pmrnlum
(if no entry appears above.information required to complete this cndorsement will be shown in the Declarations
as applicable to this endorsement.)
2. WHO IS AN INSURED (Section 11) is amended to (a) All work on the project (other than
indud--- as an insured the person or organization service, maintenance. or repairs) to
(culled"additional insured")shown in the Sched- be performed by or on behalf of the
ule but only with respect to liability arising out of: additional insured(s)at the site of the
A- "Your work" for the additional insured(s) at covered operations has beer corn.
the location designated above, or pleted. or
B. Acts or Omissions of the additional insured(s) (b) That portion of "y.oui work" out of
in connection with their genera! supervision whichthe injury or damage ariseshas
of "your work" at the location shown in the been put to its intende[i use by any
Schedule. person or organization other than an-
other contractor or subcontractor
2. With respect to the insurance afforded these addi- engaged in performing operations for
tional insureds,the following additional provisions a principal as a part of the same
apply: project.
Al. hone of the exclusions under Coverage A. (3) "Bodily injury" or "property damage'
except exclusions (a). (d). (e). (f), (h2). (i). arising out of any act or omission of the
and (m). apply to this insurance. additional insured(s) or any of their em-
B. Mclitiona! Exclusions. This insurance does ployees. other than the general supervi-
r►ot apply to: s Dn of work performed for the additional
(1) "Bodily injury'.,or "property damage" insured(s) by you.
for which the additional insured(s) are (4) -Property damage"to:
obligated to pay damages by reason of (a) Property owned,used or occupied by
the assumption of liability in a contract or or rented to the additional insured(s):
agreement.This exclusion does not apply
to liability for damages that the additional (b} Property in the care,custody,or con-
or
to
would have in the absence of ovetrolr
of the additional insured(s)
the contract or agreement. wr which tf�e additional insured(s)
are for any purpose exercising phys-
(2) "Bodily injury" or "property damage" ic.al control; or
occurring after: (c) "Your work" for the additional in•
sured(s).
CG 20 09 11 85 Copyright, Insurance Services Ofi.ce. Ire... 1984 �
Exhibit C pg. 2 of 5
%POLICY NUMBER. ` - � (-,,COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
_ADDITIONAL 1NS.UKD - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This indorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIA331LITY COVERAGE PART.
SCHEDULE
j'iame of Person or Organization:
(If no entry appears above.information required to complete this endorsement will be shov+n in the declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule. but only with respect to liability arising out of "yvur work"for that insured by or for yoJ.
CG 20 10 11 85 Copyright. Insurance Services Office.Inc_. 1984 D
Exhibit C pg. 3 of 5
97-20 j.x1jibir 4
IORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
;kCIAL ENDORSEMEN' ` `f SUBMIT IN DUPLICATE
} .� r
s`';R�`[.� '--f� °f•�"'? ENDORSE uEN-T00. 65vEGA'rE 4144YY
OR
..)DUCER POLICY INFORMATION:
IrsuranCq Cwp&y.•
P¢Cy fro-
Pctcy Period: V" Qo}
OTHER PROVISIONS
�!Wna
AMED INSURED
AIMS:Uxiaiw.:Ws rer:esen[a[ive lot cblms pusua..4 to this hsurance. EMPLOYERS LIABILITY LIMITS
.e: S {Each Am;dent}
-ess: S (Ozaasa--Pot-cy Link)
S (Oseaw—Eadt Enpbyee}
;one:
s4ora5an of ria prop*-=&a gad"notwilar ndng any incons%stoni staumant in rw poTc7 b wNch Ns ondasar.-ont is amched or any oAdorsament row or homahr.i=rhea
o,i[is agree d is toltows:
:ANCELLATION NOTICE.This in surance shah not bo cane ellod,or naterially rod ucod in coverage or Emits excerpt Ow thi y(30)days prior wrica n mtiao byracs;p1od datva_y has
::an given toriaEn6ty.
RIVER OF SUB ROGATICN,ThalnswanceC-ompanya gross tov+aivaan rights ofsub•ogz[onagainsjLhaEn6Y,isoac'adora�pointedotficitlsegants and o Vloyaosfortosses
'dundor the terms of riffs pcNcy w?irh arisa from the work performed by the Narnod Inswed for the Endiy.
.as sated above notwn G hora in shall he hold to waivo,after or a rland any of iho funi:s rwnd4ons.a pro amonts or o sclus;ons of the poscy to which 1!4s ondors-o meni is&,-Ar-ad.
OORSEMENTHOLDER
ITY AUTHORIZED
REPRESENTATIVE ❑BrakerlAgent ❑Underwriter r]
I (printrtype name), warrant that I have
atthority to hind the ahave-mentioned insurance company and by my signature hereon
do so bind this company to this endorz*ment.
Signature
(originl signature requir&d)
Telephone: ( } Dale Signed
a
-- Exhibit C pg . 4 of 5
97-20
Reproduction of State Compensation
Insurance Fund Form
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER:
JULY 20, 1987 CERTIFICATE EXPIRES: 10.01-27
r--
L.
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subjec:to cancellation by the Fund except upon 30 dayi advance written notice to the employer.
We wilt also give you 30 days'advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend,extend or aher the coverage afforded by the policies
Fsted herein. Notwrhstandir%g arry requirement,term,or cor%daion of any contractor other document with respect to which this
certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the
terms,exclusions and conditions of such policies.
PRESIDENT
(Note: following text is typ-ewritten addition to printed farm)
THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION ENDORSEMENT#2570.AGAINST
THE CITY OF ITS OFFICIALS,EMPLOYEES AND VOLUNTEERS BY REASON OF ANY PAYMENT UNDER THIS
POLICY.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07.20-87 IS ATTACHED TO AND FORMS A
PART OF THIS POLICY. ADDITIONAL INSURED EMPLOYER: CITY OF
ENDORSEMENT #2065 ENTITLED 30 DAY CANCELLATION NOTICE EFFECTIVE 07-2"715 ATTACHED TO AND FORMS A PART
OF THIS POLICY.
LIABILITY OF THE STATE COMP ENSATION INSURANCE FUND 1S LIMITED TO S3.000,000.00 FOR ALL DAMAGES FOR ONE OR
MORE CLAIMS RESULTING FROM EACH ACCIDENT OF OCCURRENCE ARISING OUT OF ANY ONE EVENT.
EMPLOYER
I
L
Exhibit C pg. 5 of 5
EXHIBIT D
INSURANCE REQUIREMENTS FOR CONTRACTORS,VENDORS PROVIDING GOODS,SERVICES
ANWOR INSTALLATION AND PERMITTEES FOR WORK INVOLVING USE AND/OR ENCROACHMENT
ON THE PUBLIC RIGHT-OF-WAY
Minimum Limits of Insurance
Contractor shall submit certificates of insurance pursuant to the form set forth in Resolution No. 97-20 evidencing
the following minimum limits with a California admitted carrier with a current A.M.Best's Rating of no less than A:V1I:
1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used,either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Workers' Compensation and Employer's Liability: State statutory limits,
Deductibles, Self-Insured Retentions,or Similar Forms of Coverage Limitations or Modifications
Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications,must be declared to and
approved by the City of Huntington Beach.
Other Insurance Provisions
The general liability policies are to contain,or be endorsed to contain the following provisions:
1. By separate attached endorsements,the City of Huntington Beach, its officers,employees,agents and volunteers
are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor,products and completed operations of the Contractor;premises owned,occupied or used by the
Contractor,or automobiles owned,leased,hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City of Huntington Beach,its officers,officials,
employees, agents or volunteers,
2. For any claims related to this project,the Contractor's insurance coverage shall be primary insurance as respects
the City of Huntington Beach, its officers,officials,employees, agents and volunteers. Any insurance or self-
insurance maintained by the City of Huntington Beach, its officers,officials,employees,agents or volunteers
shall be excess of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not
affect coverage provided to the City of Huntington Beach,its officers,officials,employees,agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended
voided, cancelled by either party, reduced in coverage or in limits except after thirty(30)days'prior written,has
been given to the City of Huntington Beach.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
jmp,Wtesoutionrnsreg/6117197
3
EXHIBIT E
INSURANCE REQUIREMENTS PROFESSIONAL SERVICE
CONTRACTORS PROVIDING GOODS AND SERVICES ONLY
Minimum Limits of Insurance
Contractor shall submit certificates of insurance pursuant to the form set forth in Resolution
No. 97-20 evidencing the following minimum limits with a California admitted carrier with a
current A.M. Best's Rating of no less than A:VII :
Errors and Omissions Iiability: $1,000,000 per occurrence.
Deductibles, Self-Insured Retentions, or Similar Forms of Coverage Limitations or Modifications
Any deductibles, self-insured retentions or similar forms of coverage limitations or
modifications, must be declared to and approved by the City of Huntington Beach.
jmpWresoutionAnsreg16117/97
4
EXHIBIT F
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE CONTRACTORS PROVIDING
GOODS,AND SERVICES INCLUDING CONSTRUCTION AND/OR INSTALLATION
Minimum Limits of Insurance
Contractor shall submit certificates of insurance pursuant to the form set forth in Resolution No. 97--20 evidencing the
following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no less than A:VII:
1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Workers' Compensation and Employer's Liability: State statutory limits.
3. Errors and Omissions liability: $1,000,000 per occurrence
Deductibles. Self-Insured Retentions.or Similar Forms of Coverage Limitations or Modifications
Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications, must be declared to and
approved by the City of Huntington Beach.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain the following provisions:
1. By separate attached endorsements,the City of Huntington Beach,its officers, employees,agents and volunteers
are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor;products and completed operations of the Contractor,premises owned,occupied or used by the
Contractor;or automobiles owned,leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City of Huntington Beach,its officers,officials,
employees,agents or volunteers.
2. For any claims related to this project,the Contractor's insurance coverage shall be primary insurance as respects
the City of Huntington Beach,its officers,officials, employees,agents and volunteers. Any insurance or self-
insurance maintained by the City of Huntington Beach,its officers,officials, employees,agents or volunteers
shall be excess of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not
affect coverage provided to the City of Huntington Beach, its officers, officials, employees,agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability_
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended
voided,cancelled by either party,reduced in coverage or in limits except after thirty(30)days' prior written, has
been given to the City of Huntington Beach.
imp Wresoutionfinsreg/6/17/97
5
EXfnIT G
INSURANCE REQUIREMENTS FOR LESSEES/LICENSEES
Minimum Limits of Insurance
Lessee/Licensce shall submit certificates of insurance pursuant to the form set forth in Resolution No. 97-20
evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating of
no less than A:VII:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2. Workers Compensation and Employer's Liability: State statutory limits.
3. Property Insurance: Full replacement cost with no coinsurance penalty provision.
Deductibles; Self-Insured Retentions, or Similar Forms of Coverage Limitations or Modifications
Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications, must be
declared to and approved by the City of Huntington Beach.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain the following provisions:
1. By separate endorsement,the City of Huntington Beach,its officers, employees, agents and volunteers are
to be covered as insureds as respects: premises owned,occupied or used by the Lessee. The coverage
shall contain no special limitations on the scope of protection afforded to the City of Huntington Beach,
its officers, officials,employees, agents or volunteers.
2. For any claims related to this project,the Lessee's insurance coverage shall be primary insurance as
respects the City of Huntington Beach, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City of Huntington Beach, its officers, officials,employees,
agents or volunteers shall be excess of the Lessee's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City of Huntington Beach, its officers, officials, employees,
agents or volunteers.
4. The Lessee's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability_
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended voided, cancelled by either party, reduced in coverage or in limits except after thirty(30)days'
prior written notice, has been given to the City of Huntington Beach.
jmpAk/resoubWsnsr46/17/97
6
97-20
EXHIBIT H
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Tide Department of Requesting Staff Member
Z. Date of Request
3. Description of work to be performed
4. Length of Contract
5. Type of Insurance Waiver or Modification Requested:
(a)Limits: (b)Coverage
6. Reason for Request for Waiver or Reduction of Limits
7. Identify the risks to the City if this request for waiver or modifications granted
(Thu section to be completed by the Risk Manager)
Recommendation:
Approve Deny Risk Manager's Signature/Date
(This section to be completed by the City Attorney)
Recommendation:
Approve Deny City Attorney's Signature/Date
Settlement Committee approval [is] [is not] required for this waiver. If Settlement Committee approval is required,
submit form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny
City Council approval [is] [is not] required for this waiver. If City Council approval is required, attach this form to the
RCA after consideration by the Settlement Committee.
jmpWFesoutionAnsreq/6l17197
7
Res. No. 97-20
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I,CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council
at an regular meeting thereof held on the 7th day of July, 1997 by the following
vote:
AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: Julien
�G
City Clerk and ex-officio4FIerk of the
City Council of the City of Huntington
Beach, California
G/reso1uti/wsbkpg/97-39