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HomeMy WebLinkAboutRedevelopment Agency - 326 RESOLUTION NO. 326 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ESTABLISHING INSURANCE AND INDEMNITY REQUIREMENTS WHEREAS, there are persons and organizations who are engaged in various activities in the City of Huntington Beach, thereby subjecting the Redevelopment Agency of the City of Huntington Beach ("Agency") to substantial risk of liability for damage to property and injury to persons; The Agency desires to establish insurance and indemnification requirements; and, in appropriate cases, a procedure for the waiver thereof, and The.Agency 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 Redevelopment Agency of the City of Huntington Beach that the insurance coverage and indemnity requirements shall be as follows: SECTION I. DEFINITIONS AND FORMS REQUIRED A. Definitions: 1. "Contractors" are any persons or entities who contract with the Agency and/or provide services to the Agency which are readily available and efficiently procured by competitive bidding. 2. "Design Professionals" are professional services contractors who contract with' the Agency and/or provide architectural and/or engineering services to the Agency. 3. "Licensees/Lessees" are any persons or entities who contract with the Agency for the use of public property. 4. "Permittees" are any persons or entities who make application to.the Agency for any use of or encroachment upon any public street, waterway, pier, or Agency property. 5. "Professional Services" are as defined by Huntington Beach Municipal Code section 3.03. 6. "Vendors" are any persons or entities who transfers property or goods to the Agency which may or may not involve delivery and/or installation. 1 01 reso/ins-4agency/8/29/01 Res.No.326 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 Agency attached to the proof of insurance. C. Claims made policies are not acceptable, except that claims made insurance for pollution liability shall be acceptable. d. All deductibles, self-insured retentions, or alternative forms of providing coverage must be approved through the Waiver Procedure set forth in Section III to this Resolution. e. The Agency, its, officers, elected or appointed officials, employees, agents and volunteers are to be covered as additional insureds by separate attached endorsement(s) 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 Agency, 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 Agency, its agents, officers, and employees. Any insurance or self-insurance maintained by the Agency, 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 Agency, 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. 2 01 reso/ins-4agency/8/29/01 Res.No.326 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. 4. Automobile Liability Coverage must be provided at a minimum of $1,000,000 per occurrence. a. If coverage is provided under a form which includes adesignated 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 Agency attached to the proof of insurance. b. All deductibles, self-insured retentions, or alternativeforms of providing coverage must be approved through the Waiver Procedure set forth in Section III to this Resolution. c. The Agency, its officers, elected or appointed officials, employees, agents and volunteers are to be covered as additional insureds by separate attached endorsement(s). The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its agents, officers and employees. d. For any claims related to the project, the contractor's insurance coverage shall be primary insurance as respects the Agency, its agents, officers, and employees. Any insurance or self-insurance maintained by the .Agency, its agents, officers, and employees shall be excess of the contractor's insurance and shall not contribute with it. 3 01 reso/ins-4agency/8/29/01 Res.No.326 C. Certificate of Insurance Requirements Defined 1. Form. Evidence of insurance coverage and limits as required by the Agency shall be furnished to the Agency as a certificate holder on the "Acord' or similar form approved by the Agency Attorney. (See samples attached herein.as Exhibit "A"). 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 Agency department involved in the performance, and the Agency staff contact person must be clearly identified on the "Acord or similar form evidencing insurance coverage. C. All forms of insurance shall identify the Redevelopment Agency of the City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers as an additional insured by separate attached endorsement with respect to general liability and automobile liability coverages. d. Contractors shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements foreach 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 Agency 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. SECTION.II INSURANCE AND INDEMNIFICATION REQUIREMENTS A. INSURANCE 1. Contractors and Permittees must meet the requirements as set forth in Exhibit "B" incorporated by reference and attached herein. 2. Professional Services providers must meet the requirements as set forth in Exhibit "C" incorporated by reference and attached hereto. 4 01 reso/ins-4agency/8/29/01 Res.No.326 3. Licensees/Lessees must meet the requirements as set forth in Exhibit "D" incorporated by reference and-attached hereto. 4. Vendors a. Vendors supplying goods including delivery, service and/or installation must meet the requirements of Exhibit "B". b. Vendors supplying goods only without delivery, service and/or installation are required to provide products liability coverage only. 5. 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. 6. Exceptions. a. Public entities are exempt from the requirements of this resolution. Any insurance and indemnity requirements of a public entity shall be pursuant to Section II(A)(5). b. 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 II(A)(5). C. Each person making application for a permit for private property construction, alteration, improvement, demolition, or repair of any building or structure shall sign a declaration under penalty of perjury verifying workers' compensation coverage or exemption from coverage, as required by Section 19825 of the Health and Safety Code and, at the time of permit issuance, contractors shall show their valid workers' compensation insurance certificate. d. Persons contacting with the Agency under subdivision agreements are exempt from providing evidence of workers' compensation. e. Oil operators as regulated by Huntington Beach Municipal Code Section 15.16 and pipeline franchises as regulated by Huntington Beach Municipal Code Section 3.44 are exempt from the requirements of this resolution. f. Taxicabs/Vehicles-for-hire as regulated by Huntington Beach Municipal Code Section 5.50 are exempt from the requirements of this resolution. g. Trucking companies, including those regulated under Huntington Beach Municipal Code Section 10.32, are exempt from the minimum insurance requirements of this resolution but must submit proof of workers' 5 01 reso/ins-4agency/8/29/01 Res.No.326 compensation insurance and general liability insurance in accordance with the requirements of the Public Utilities Commission (PUC) regulations which include: 1) the general liability insurance requirements are $600,000 combined single limit or $250,000 bodily injury or death of one person and $500,000 protection against total liability for bodily injury or death of more than one person from any one accident. 2) this is subject to the same $250,000 limitation for each person and $100,000 protection for accidental damage or destruction of property other than property being transported. 3) the Redevelopment Agency of the City of Huntington Beach must be named as certificate holder but does not need to be named as additional insured. 4. Indemnity a. Contractors and Permittees shall be required to indemnify Agency, pursuant to the indemnity provision attached hereto and incorporated herein by this reference as Exhibit "E". b: All design professionals shall be required to indemnify'Agency pursuant to the indemnity provision attached hereto and incorporated herein by this reference as Exhibit "F". C. All other persons or organizations, including but not limited to professional services providers other than Design Professionals as defined by this Resolution, shall be required to indemnify Agency, pursuant to the indemnity provision attached hereto and incorporated by reference as Exhibit "G". SECTION III. WAIVER OR MODIFICATION PROCEDURE A. Waivers or Modification Request Form. A department Request for Waiver or Modification, Exhibit "H" 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. The Risk Manager and the Agency Attorney may approve any waiver or modification of the insurance and indemnification requirements, including requests for indemnification of third parties. A denial may be appealed to the Executive Director. C Waiver Criteria. 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; 6 01 reso/ins-4agency/8/29/01 Res.No.326 d. The cost of the contract; e. The liability exposure of the Agency; f. The cost and availability of the coverage requested; g. The claim history of the requesting party; h. The past experience of the Agency with the requesting party, and i. The past experience of the Agency with other contracting parties of a similar nature. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting held 1st day of October 2001. Chairrron ATTEST: APPROVED AS TO FORM: SeCetOVY Agency 'Cle y Agency General Counsel a6 ki REVIEWED, CO-INITIATED AND APPROVED: fP Agency General Counsel w�G�ot I REVIEWED, CO-INITIATED AND APPROVED: Exeadve Director 7 01 reso/ins-4agency/8/29/01 EXHIBIT A ...ROOUCER Paooucea »u THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORNIATI, ONLY AND CONFERS NO RIGHTS UPO des.T }fib.3@19 R T I FI C A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO COMPANIES AFFORDING COVERAGE COMPANY ( A I.4SUREO I COMPANY B COMPANY C COMPANY I. D .COVERAGES ,:::,:::...:.,::.:. .,.wx ., ....,..M. ....:�.. .... ..... ..... ......:. ..,w,H..........� _:_..._., ...._... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED*NAMED ABOVE FOR THE POLICY PE ,IC INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT-TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY RERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEnM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO 1 I POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTA ! GATE(M&VOD/YY) DATE(MAV00(YY) :GENERAL LIABILITY GENERAL AGGP.EGATE I S A ��COMMERCIAL GENERAL LIABILITY � I � PRO" -S•CO`AP,OP AGG I S r CLAIMS MAOE 1 OCCUR i i 4 AOV INJURY I S 1 ; OWNER'S d CONTRACTOR'S PROT I I �J�CURRFNCE IS I .tE DAMAGE(A.:y or.e Gr2) I S i t �IEO EXP(ArY one oe,,scn) I S AUTOMOBILE LIABILITY ! I i COMBINED SINGLE U.'IT I S ANY AUTO i `.�ALL OVINE0 AUTOS I - SOOILY INJURY I SCHEOUlEO AUTOS � � I I (Per person) I S j.HIRED ALTOS I1 I SOOICY INJURY i' ! (Per acciCent) S NON-C.':NEO AUTOS Y i PROPER TYO;`M.AGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT is _)ANY AUTO I OTHER THAN AJTO CNLY: S EXCESS LIABILITY j EACH OCCJF•.=.E 4CE-` S I 7 UMBRELLA FORM 'I ! AGGREGATE i S OTHER THAN UMBRELLA F:'JH� i S .WORKERS COMPENSATION A I 1 i TO Y LIMIT :O q•i ` EMPLOYERS'LIABILITY 1 ! EL EACH ACCIO=NT S Ti—PROPRIETCRJ I INCL I • , EL DISEASE•POLICY U\!:T I S PAATNERS;EXECUTIVE OFFICERS AR°: I EXCL EL DISEASE•EA E!:PLOYcc, S OTHER (I ! 1 ! i OESCRIPTICN OF OPERATIONS/LOCATIONS.VEHICLESISPECIAL ITEMS CERTIFICATE:HOLDER CAh... 0 LLATEON` ..:..... ....... . .. .... SHOULD ANY OF THE ABOVE OBSCRIBEO POLICIES BE CANCELLEO BEFOF City of Huntington Beach EX?!RATIGN GATE THEREOF, THE ISSUING COMPANY Y/;LL Risk Management Division 30 OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NASIEO TO TH 2000 Main Street atctti `� ' ` Huntington Beach,CA 926=S I_ c-fy-tytrt`cror---Z5't �c�^" •i �'�� �`'`s AUTHORIZED REPRESENTATIVE - 1 nD_ b"AFOFL4,: O.H�.. rCQR� O_.. POLICY NUMBER: COMMERCIAL GENERAL LIARIY 326 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form S) This endorsement modifies insurance provided under-the following: COMMERCIAL GENERAL LIABILITY REDEVELOPMENT AGENCY OF Name of Person or organization; THE CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your worn for that insured by or for you RE: ALL OPERATIONS OF THE NAMED INSURED FOR THE CERTIFICATE HOLDER. City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers CG 20 10 11 85 Copyright. Insurance Serlices Cffice, Inc.. 19a4 EXHIBIT A pg20r 3 STATE P.O. BOX.420807,SAN FRANCISCO,CA 94142-0807 Res.No.326 COMPENSATION N S U R A N C E CERTIFICATE OF WORKERS' COMPENSATION INSURANCE P LICY NUNIHER CERTIFICATE EXPIRES r s CITY OF HUNTINGTON BEACH RISK MANAGEMENT. 2000 MPRN STREET HUNTINGTON BEACH, CA 92648 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 subject to cancellation by the Fund except upon t 31 Ways'advance written notice to the employer. 30 We will also give you TgN 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 alter the coverage afforded by the policies listed herein., Notwithstanding any requirement,:term, or condition of any contract or other document with respect to which .this certificate of jnsurance maybe issued ;or may pertajn;.the insurance afforded..by the policies. described herein.is subject to all th.e terms;.exclusjons and conditions:of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY.:LIMIT INCLUDING,,DEFENSE COSTS: VI 000,0.0a F'ER .00CURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/01/00 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER L EXHIBIT A pg 3 of 3 Res.No.326 T r��sB �q 3,'; �"'z a�'•�'�'a Res.No.326 EXHIBIT B INSURANCE REQUIREMENTS FOR CONTRACTORS,AND PERMITTEES PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance Redevelopment Agency Resolution 3�)6 requires submittal of certificates of insurance 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. "Claims made"designation is only acceptable for professional or pollution liability insurance. The Redevelopment Agency of the City of Huntington Beach, its officers, elected or appointed officials, emplovees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact). 2. Workers' Compensation and Employer's Liability: State statutory limits of S250,000 bodily injury by disease, policy limit,and$100,000 bodily injury each employee for accident or disease per occurrence. If you have no _ employees,you must sign a Declaration of Non-employee Status form available from the Agency. In lieu of a certificate of insurance, a certificate of consent to self-insure issued by the California Director of Industrial Relations is also acceptable. 3. . Automobile liability of S 1,000,000 per occurrence for bodily injury,personal injury and property damages. The Redevelopment Agency of the City of Huntington Beach its officers elected or appointed officials emplovees agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact). 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 Redevelopment Agency of 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. Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified. Notice of cancellation requirements The Agency requires 30-day notice of cancellation The words"endeavor to"and"failure to mail such notice shall impose no obligation nor liability of any kind upon the company, its agents or representatives"must be removed or stricken out if they appear on a certificate. An exception for notice of cancellation of 10 days for non-payment of premium or non- reporting of payroll is acceptable, except in contracts subject to the Green Book'specifications. AGAIN, PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT. FOR ASSIST,INCE, PLEASE CONTACT RISK.AVANAGEMENT 01reso/ins-4aeencvl8/29/01 It Res.No.326 ZF wbN c KEGS r - r .. erg..°: v;- ,uc11 ..... Res.No.326 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICE CONTRACTORS PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance Redevelopment Agency Resolution No. 3,-,?� requires submittal of certificates of insurance 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 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 Redevelopment Agency of the City of Huntington Beach. Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified. Notice of cancellation requirements The Agency requires 30-day notice of cancellation The words "endeavor to" and"failure to mail such notice shall impose no obligation nor liability of any kind upon the company, its agents or representatives" must be removed or stricken out if they appear on a certificate. An exception for notice of cancellation of 10 days for non-payment of premium or non-reporting of payroll is acceptable, except in contracts subject to the Green Book specifications. 01resoins-4agency/8/29/01 12 y Res.No.326 gg �M-0 A Res.No.326 EXHIBIT D INSURANCE REQUIREMENTS FOR LESSEES/LICENSEES PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance Redevelopment Agency Resolution 97-20 requires submittal of certificates of insurance pursuant to the form set forth in Resolution No. 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: S1,000,000 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. "Claims made"designation is only acceptable for professional or pollution liability insurance. For general liability certificate holder, the Redevelopment Agency of the City of Huntington Beach, its elected or - appointed officials,agents, officers,employees. and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact). 2. Workers Compensation and.Employer's Liability: State statutory limits of S250,000 bodily injury by disease, policy limit, and$100,000 bodily injury each employee for accident or disease per occurrence. If you have no employees, you must sign a Declaration of Non-employee Status form available from the Agency. In lieu of a certificate of insurance, a certificate of consent to self-insure issued by the Cali fornia.Director of Industrial Relations is also acceptable. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles Self-Insured Retentions or Similar Forms of Coveraee Limitations or Modifications Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications,-must be declared to and approved by the Redevelopment Agency of the City of Huntington Beach. Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified. Notice of cancellation requirements The Agency requires 30-day notice of cancellation The words"endeavor to"and "failure to mail such notice shall impose no obligation nor liability of any kind upon the company, its agents or representatives" must be removed or stricken out if they appear on a certificate. An exception for notice of cancellation of 10 days for non-payment of premium or non-reporting of payroll is acceptable, except in contracts,subject to the Green Book specifications. AGAIN, PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT, FOR ASSISTANCE, PLEASE CONTACT RISK)TfANAGEMENT EXHIBIT D 01 reso'ins-}asiencv/8/29/01 13 EXHIBIT -E::�: :; I Res.No.326 I EXHIBIT E TO RESOLUTION NO. CONTRACTOR'S INDEMNIFICATION, DEFENSE, HOLD HARMLESS Contractor hereby agrees to protect, defend, indemnify and hold harmless Agency, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including 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, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency. Contractor will conduct all defense at its sole cost and expense and Agency shall approve selection of contractor's counsel. Agency shall be reimbursed for all costs and attorney's fees incurred by Agency in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Ol reso/ins-4agency/8/?9/01 8 EXH161T F Res.No.326 EXHIBIT F TO RESOLUTION NO.23_2 INDEMNIFICATION DEFENSE, AND HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands, and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by C0NSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. AGENCY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by AGENCY in enforcing this obligation. .CONSULTANT will conduct all defense at its :ole cost and expense, and the AGENCY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT. 01 reswins 1agency.3 29'01 9 EXHIBIT G Res.No.326 EXHIBIT G TO RESOLUTION NO.4W6 INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS CONSULTANT hereby agrees to protect,defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. AGENCY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by AGENCY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and the AGENCY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the CONSULTANT. 01resoiins-4asency/8/29/01 10 . EXH IBIT H .......... Res.No..326 EXHIBIT H REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member 2. Date of Request 3. Name of Contractor/Permittee 4. Description of work to be performed 5. Value of Contract 6. Length of Contract 7. Type of Waiver or Modification Requested: 8. Reason for Request for Waiver or Reduction of Limits 9. Identify the risks to the Agency if this request for waiver or modifications granted Department Head Signature RECOMMENDATION RISK MANAGER Approve Deny Signature/Date AGENCY ATTORNEY Approve Deny Signature/Date ❑Executive Director approval is required for this waiver. (This form must be submitted to the Executive Director.) EXECUTIVE DIRECTOR Approve Deny Signature/Date 01 reso/ins-4aeency/8/29/01 14 Res. No. 326 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a regular meeting of said Redevelopment Agency held on the 1st day of October, 2001 and that it was so adopted by the following vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo ABSTAIN: None Clerk of the Redevelopment Agency of the City of Huntington Beach, CA