HomeMy WebLinkAboutResolution 97-20 - Administrative Insurance Waiver Process - Ito
c:ITY OF HUNTINGTON BEAC
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MEETING DATE: DEPARTMENT ID NUMBER: CA 97-04
Council/Agency Meeting Held: 7/719 7
Deferred/Continued to: 2*2
,,proved ❑ Condition lly Ap roved ❑ Denied City erk's Signature
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Council Meeting Date: Department ID Number: CA 97-04
CITY OF HUNTINGTON BEACH I-?e,5 -�0
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBMITTED BY: MICHAEL UBERUAGA, City Administrator
PREPARED BY: BAIL HUTTON, City Attorney
ROBERT FRANZ, Deputy City Administrator/Administrative Servi e
SUBJECT: Administrative Insurance Waiver Process
11 Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental tus,Attachment(s)Ir
Statement of Issue:
The insurance requirements of Resolution No. 6277 have not been revised since May, 1991.
Further, any waiver or modification of the insurance and indemnity requirements of City of Huntington
Beach Resolution # 6277 must be approved by City Council, even if the issue would not require City
Council action, such as a contract authorized under Huntington Beach Municipal Code Chapter 3.03
(professional services contracts under$10,000 in value).
Funding Source: None.
Recommended Action: Approve Resolution No. '774o revising the minimum insurance and
indemnity requirements and establishing an administrative waiver and modification process.
Alternative Action(s): Do not approve Resolution No.
Analysis: Current Resolution # 6277 sets forth the insurance and indemnity requirements for
contractors, permit holders, and professional services contractors. It does not establish clear
requirements for lessees, vendors, or licensees. In addition, the existing requirements have not been
revised since 1991 and the current insurance market has changed. Some of the current
requirements have become administratively onerous to enforce when compared to the liability risks
involved. /
WAIVER.DOC -2- 06/26/97 10:14 AM
I
REIREST FOR CITY COUNCIL AC 0ON
MEETING DATE: DEPARTMENT ID NUMBER: CA 97-04
Under current Resolution #6277, a limited waiver process is administered through the Claims
Settlement Committee; however, the Claims Settlement Committee is not authorized to waive or
modify the requirements of Resolution #6277 except in the case of a privately funded professional
services contract. In all other cases, the Claims Settlement Committee is only authorized to make
recommendations to the City Council regarding waivers or modifications of the insurance and
indemnity requirements. Since the Claims Settlement Committee, meets only once a month, the
attendant delay for Council agendization is detrimental to the procurement of emergency or
otherwise authorized services.
The proposed resolution supersedes Resolution No. 6277 and makes the following revisions:
1. Increases minimum insurance requirements for professional
liability coverage from $600,000 to $1,000,000.00.
Upon survey of other public entities and current insurance practices, the standard minimum
insurance requirement for professional liability is $1,000,000.00. The requirements for general
liability and workers' compensation remain the same.
2. Creates an exception to the 30-day written notice of cancellation permitting
only 10-day notice of cancellation in the event of nonpayment of premiums.
The 10-day notice of cancellation in the event of nonpayment of premiums is standard in the current
insurance market and is based on exhaustion of the funds collected by the brokers. The exception
will not be applicable to contracts subject to the Green Book.
3. Creates insurance requirements for vendors, licensees, and lessees.
Under current Resolution #6277, there are currently no insurance requirements set forth for vendors,
licensees, and lessors. The proposed resolution sets forth requirements similar to the requirements
for any other provision of services or use of public property.
4. Creates an exemption for other public entities.
The majority of public entities are self-insured and therefore unable to meet the minimum insurance
and indemnity requirements of current Resolution#6277. Moreover, it is common that any
agreement with another public entity is for the exchange of services and the other public entity
relieves the City of standard insurance requirements as well. Each agency then defends itself and is
responsible for its own damges according to proof.
5. Creates forms for distribution to interested parties
explaining the insurance requirements.
Attachments to the proposed resolution may be used as forms for distribution by staff to interested
parties to facilitate communication. In addition, sample insurance certificate forms are also attached
for further clarification.
WAIVER.DOC -3- 06/26/97 10:14 AM
t
REQUEST FOR CITY COUNCIL AC I"ION
MEETING DATE: DEPARTMENT ID NUMBER: CA 97-04
6. Creates an administrative waiver process.
The proposed resolution establishes an administrative waiver process with differing levels of
authority. They include the Risk Manager, the City Attorney's Office level, and the Settlement
Committee. A department Request for Waiver or Modification Form with specific waiver criteria
information must be submitted for consideration of the request for administrative or Council waiver.
Under the proposed administrative waiver process, the Risk Manager and the City Attorney may
approve waiver or modification of the insurance requirements for all permit applications and
contracts authorized under Huntington Beach Municipal Code Chapter 3.03 which do not otherwise
require City Council action. As permits and contracts for professional services valued under
$10,000 dollars are specifically designed not to require City Council Action, it would be consistent
and efficient to establish an administrative waiver and modification process that does not require
City Council action.
For all other City contracts, the administrative waiver process is defined by the value of the waiver
requested. An administrative waiver process is needed to better accommodate the current
insurance market and facilitate contract approval. In many cases, a large contract is delayed
based on a nominal deductible of$1000.00. In other cases, professional liability insurance
coverage without a deductible or self-insured retention is unavailable. To alter coverage to meet
the current requirements of Resolution #6277, causes delay and extremely costly in the situations
where it is possible. These additional costs are passed on to the City via the contract price to the
City's detriment.
Waiver Value Waiver Approval Required
$0 - $10,000.00 Risk Manager and City Attorney
$10,001-$25,000.00 Settlement Committee
$25,001- higher Settlement Committee Recommendation
and City Council approval.
Environmental Status: None.
Attachmentlisl:
City Clerk's
Page Number
1. Resolution No. entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING
.
RESOLUTION NO. 6277 ESTABLISHING MINIMUM INSURANCE AND
INDEMNITY REQUIREMENTS AND ESTABLISHING AN ADMINISTRATIVE
INSURANCE WAIVER AND MODIFICATION PROCESS"
WAIVER.DOC -4- 06/26/97 10:14 AM
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.
glresolutionlns2J6/17/97 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.
g lresolution/ins2/6/17/97
2
4. Indemnity
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 Exhibit"A".
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 Exhibit "B".
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 Exhibit"C").
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.
g Aesolutionrns2/6/17/97
3
SECTION III REQUIREMENTS
A. Contractors must meet the requirements as set forth in Exhibit"D" 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 Exhibit"E" 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 Exhibit"F" incorporated by reference
and attached hereto.
D Licensees/Lessees must meet the requirements as set forth in Exhibit"G"
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 III(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).
g:/resolutionfins2/6/17/97
4
SECTION IV. 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
1. For all City contracts valued at$10,000 or less and for permit applications; the Risk
Manager and the City Attorney 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 Requesting 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
g lresolutionfins2/6/19/97
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
�G
City Clerk APPROVED AS TO FORM:
,City Attorney rney
b- i5
REVIEWED, CO-INITIATED AND APPROVED:
7 c�zz
e16-
City Attorney Wli.97
VI - D AN PP D:
u y C' A ministrator/ re r of
Administrativd Services
6
g 1resolutionlns2/6/19/97
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/k/resoutionhnsreq/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/k/resoutionhnsreq/6/17/97
2
97-20 `
-A CORD
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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
COMPANY
A
INSURED COMPANY
B
COMPANY
C
i
COMPANY
D
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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.
COI POLICY EFFECTIVE POLICY EXPIRATION
LTR I TYPE OF INSURANCE POLICY NUMBER DATE(MM/DONY) DATE(MM/DD/YY) I LIMITS
GENERAL LIABILITY GENERAL AGGREGATE I S
I I
A COMMERCIAL GENERAL LIABILITY PRr" -S-COMP/OP AGG S
CLAIMS MADE OCCUR I .3 ADV INJURY is
OWNER'S 8 CONTRACTOR'S PROT JCCURRENCE S
E DAMAGE(Any one fire) I S
oI MED EXP(Any one person) S
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT S
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS ! (Per person) S
HIRED AUTOS
BODILY INJURY S
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
i
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT IS
ANY AUTO _ .. .. ..
i OTHER THAN AUTO ONLY:
EACH ACCIDENT S
i AGGREGATES
j EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM I AGGREGATE j S
OTHER THAN UMBRELLA FM`�H� is
WORKERS COMPENSATION A T STATU-RY MIT I I OTH•i:::;;E:;<:.5�'>id" S ?,
EMPLOYERS'LIABILITY
EL EACH ACCIDENT S
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL I EL,DISEASE-EA EMPLOYEE I S
OTHER
I I
I
- I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I1bb&50MMAIL
Risk Management Division 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 Main Street
Huntington Beach,CA 92648
AUTHORIZED REPRESENTATIVE
OR
Exhibit C na. 1 of 5
97-20
f'PLICY NUMBER: C MMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED--OWNERS, LESSEES or
CONTRACTORS (Form A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization (Additional Insured): Location of
Covered Operations
Premium Basis Rates Advance Premium
Bodily Injury and (Per
Property Damage Liability Cost 41000 of cost) S
Total Advance Premium �
(If no entry appears above.information required to complete this endorsement will be shown in the Declarations
as appi;ca5ie to this endorsement.)
1. WHO 1S AN INSURED (Section 11) is amended to (a) All work on the project (other than
ir�dude as an insured the person or organization service. maintenance• or repairs) to
(called-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 been com-
'the location designated above. or p►eted. or
B. Ac-ts or omissions of the additional insured(s) (b) That portion of "your work" out of
in connection with their genera! supervision which the injury or damage arises has
of "your work" at the location shown in the been put to its intender; use by any
Schedule. person or organization other than an-
other contractor or subcontractor
2. With respect to the insurance afforded these add'- engaged in performing operations for
tional insureds,the following additional provisions a principal as a part of the same
apply: project.
A. None of the exclusions under Coverage A. (3) "Bodily injury" or "property damage..
exceptexclusions (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. Additiona! Exclusions. This insurance does ployees. other than the general supervi-
not apply to: lion 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 additionai insured(s):
agreement.This exclusion does not apply
to Lability for damages that the additional (b) Property in the care,custody.or con-
to
would have in the absence of trot of the additional insured(s) or
the contract or agreement. over which the additional insured(s)
are for any purpose exercising phys-
(2) "Bodily injury" or "property damage" ical control; or
occurring after: (c) "Your work" for the additional in.
sured(s).
CG 20 09 11 85 Copyright. Insurance Services Office. Inc., 1984 D
h:xhi hi t C ,n�-2 of 5
97-20
'•,PD�ICY NUMBER: ` ')COMMERCIAL GENERAL LIABILfTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
-, CONTRACTORS (FORM B)
This eMorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Nam• of Person or Organization:
(if no entry appears above.information required to complete this endorsement will be shown in the De=larations
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 "your work"for that insured by or for you.
t
CG 20 10 11 85 Copyright. Insurance Services Office.Inc..1984 D
Tvl,; h; + r' "M I of S
97-20
)[ORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
r :
<"SUBMIT:PECIAL-ENDORSEN'(EN
IN DUPLICATE
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..:.> :.::• . . .. .• ••• . .... he. Ent `:;;.::.••"�::.
-)DUCER POLICY INFORMATION:
Insurance Unjwrf:
Po:q No.:
Pc cy Period: (iron') Qo)
OTHER PROVISIONS
e?hone
4MED INSURED
AIMS:Underwriter's rep.•esenialive tot ct&ns pursuant to this insurance. EMPLOYERS LIABILITY LIMITS
e: $ (Each Ac6dent)
ass: $ (Disease—Po'q Unit)
S (Disease—Each Employee)
lone:
.sidsra5on m a of the pra u-n c! god and notvr isandng any inconsistent statament in the porcy b which I;iis endorserwnt is atached of any endorsement na w or heroa,ar n�chad
a,it is agro ad zs follows:
_ANCEUJIT)ON NOTICE.This insurance shall not be cancelled,or materially reduced in coverage or lirrits except attar rimy(30)days priorwriaon notice byroceipied do!ivey has
aan gvan to heEntity.
•11V ER OF SUB ROCAT)C N.The In surance Conpa ny agree s to waive all rights of subrogztion against the Entity,is otoctod or a?poin tad o l5ciels,c gents and orployeo s for losse s
:dundor he terms of his po!icy which arise tom he work performed by the Named Insured for the EnSty.
t as sated above nothing heroin shall be held to waive,alter or extand any of ho Irmi:s conditions,agreements or o:ctusions of the policy to which his endorsement is a-actiod.
DORSEMENTHOLDER :.. ::. ::...<.::...:.•..:. <:>.... :: ;": :.... : ..::.:.. .::> ;::.::::
ITY AUTHORIZED
REPRESENTATIVE ❑Broker/Agent ❑Underwriter
I (printAype name), warrant that I have
atrhority to bind the above-mentioned insurance company and by my signature hereon
do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date 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 I D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER:
JULY 20, 1987 CERTIFICATE EXPIRES: 10-01.87
t—'
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 days'advance written notice to the employer.
We will 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 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 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 typewritten addition to printed form)
THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION ENDORSEMENT#2570. AGAINST
THECITY OF ITS OFFICIALS,EMPLOYEES AND VOLUNTEERS BY REASON OFANY PAYMENT UNDER THIS
POLICY.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07-20-e7 IS ATTACHED TO AND FORMS A
PART OF THIS POLICY. ADDITIONAL INSURED EMPLOYER: CITY OF
ENDORSEMENT N2065 ENTITLED 30 DAY CANCELLATION NOTICE EFFECTIVE 07.20-871S ATTACHED TO AND FORMS A PART
OF THIS POLICY.
LIABILITY OF THE STATE COMPENSATION INSURANCE FUND IS LIMITED TO S3000.000.00 FOR ALL DAMAGES FOR ONE OR
MORE CLAIMS RESULTING FROM EACH ACCIDENT OF OCCURRENCE ARISING OUT OF ANY ONE EVENT.
EMPLOYER
t
Exhibit C 1Dcr. 5 -Of 5
EXHIBIT D ,
INSURANCE REQUIREMENTS FOR CONTRACTORS,VENDORS PROVIDING GOODS,SERVICES
AND/OR 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: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.
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/k/resoutionAnsreq/6/17/97
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 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.
jmp/k/resoutionAnsreq/6/17/97
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.
jmp/k/resoutionAnsreq/6/17/97
5
EXHIBIT G
INSURANCE REQUIREMENTS FOR LESSEES/LICENSEES
Minimum Limits of Insurance
Lessee/Licensee 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.
jmp/k/resoution/insreq/6/17/97
6
y/-2u
EXHIBIT H
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title Department of Requesting Staff Member
2. 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
(This 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.
jmp/k/resoution/insreq/6/17/97
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
C�n •
City Clerk and ex-officio Jerk of the
City Council of the City of Huntington
Beach, California
G/resol uti/resbkpg/97-39
Council/Agency Meeting Held:-349 7
Deferred/Continued to: 4YA r "
❑Approved ❑ Conditionally Approved ❑ Denied 6tity Clerk's SignatTre
Council Meeting Date Department ID Number: CA 97-04
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBMITTED BY: GAIL HUTTON, City Attorney
ROBERT FRANZ, Deputy City Administrator/Administrative
PREPARED BY: GAIL HUTTON, City Attorney T"
—o r,
SUBJECT: Administrative Insurance Waiver Process �-
F
tatement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status, ttachment(s)
Statement of Issue:
The insurance requirements of Resolution No. 6277 have not been revised since May, 1991.
Further, any waiver or modification of the insurance and indemnity requirements of City of
Huntington Beach Resolution # 6277 must be approved by City Council, even if the situation
where the issue would not require City Council action, such as a contract authorized under
Huntington Beach Municipal Code Chapter 3.03.
Funding Source: None.
Recommended Action: Approve Resolution No. 7- a 0 revising the minimum
insurance and indemnity requirements and establishing an administrative waiver and
modification process..
Alternative Action(s): Do not approve Resolution No.
Analysis: Resolution # 6277 sets forth the insurance and indemnity requirements for
contractors, permit holders, and professional services contractors. It does not establish
clear requirements for lessees, vendors, or licensees. In addition, the existing requirements
have not been revised since 1991 and are therefore not compatible with the current
insurance market. Some of the current requirements have become administratively onerous
to enforce in comparison to the liability risks involved. In addition, the current waiver
procedure is insufficient as only City Council may authorize any type of waiver.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: DEPARTMENT ID NUMBER: CA 97-04
The waiver process is currently administered through the Claims Settlement Committee;
however, the Claims Settlement Committee is not authorized to waive or modify the
requirements of Resolution #6277 except in the case of a privately funded professional
services contract. In all other cases, the Claims Settlement Committee is only authorized to
make recommendations regarding waivers or modifications of the insurance and indemnity
requirements. The recommendations of the Claims Settlement Committee, which meets only
once a month, are then forwarded to the City Council for approval or denial. The attendant
delay for agendization can be detrimental to the procurement of emergency or otherwise
authorized services.
For certain professional services contractors, professional liability insurance coverage
without a deductible or self-insured retention is unavailable. Also, the coverage is extremely
costly in the situations where it is available. The costs are passed on to the City via the
contract price.
Also, permit applications and contracts authorized under Huntington Beach Municipal Code
Chapter 3.03 do not require City Council action; however, when an insurance waiver or
modification is requested, the contract or permit application must be presented to the Claims
Settlement Committee for a recommendation and ultimately placed on the City Council
Agenda for approval or denial. As permits and contracts for professional services valued
under $10,000 dollars are specifically designated to not require City Council Action, it would
be consistent and efficient to establish an administrative waiver and modification process
that does not require City Council action.
Environmental Status: None.
Attachment(s):
NumberCity Clerk's
Page
Resolution No. 9^1—�� entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING
RESOLUTION NO. 6277 ESTABLISHING MINIMUM INSURANCE AND
INDEMNITY REQUIREMENTS AND ESTABLISHING AN ADMINISTRATIVE
INSURANCE WAIVER AND MODIFICATION PROCESS
WAIVER.DOC -2- 03/06/97 1:11 PM
RESOLUTION NO. Q7-
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.
1
gJresotutionlns2/377/97
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 this 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 provision 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
consultant's start of work (including subsequent policies purchased as
renewals or replacements).
2. The 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, consultant 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. Policy allows for reporting of circumstances or incidents that
might give rise to future claims.
2
g:/reso1utionrns2/3/7/97
4. Indemnity
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 Exhibit"A".
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 Exhibit"B".
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 Exhibit"C").
a. Cancellation
Each insurance policy required by the clause 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 Prior to commencement of any performance under a
contract or issuance of any permit, certificates shall be approved by the City Attorney, Risk
Manager, Settlement Committee, or City Council as authorized by this resolution.
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.
3
g:/resolutionfins2/3/7/97
SECTION III REQUIREMENTS
A. Contractors must meet the requirements as set forth in Exhibit"D" 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, must meet the requirements as set forth in Exhibit"E" incorporated by reference and
attached hereto.
C. Professional Services Contractors
1. Professional Services Contractors providing goods and services only must meet the
requirements as set forth in Exhibit "F" 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 Exhibit"G" incorporated by reference
and attached hereto.
D Licensees/Lessees must meet the requirements as set forth in Exhibit "H" 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 III(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).
4
g lresol utionfins2/3!7/97
SECTION IV. WAIVER OR MODIFICATION PROCEDURE
A. Waivers or Modification Request Form:
A department Request for Waiver or Modification, Exhibit"I" 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 Attorney 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, self-insured
retentions, bonds, letters of credit, or similar documents 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).
b. The Settlement Committee may approve deductibles, self-insured retentions,
bonds, letters of credit or similar documents 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).
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 RCA.
3. Waiver Criteria Requesting 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
g:/resolutionfins2/3!1/97
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 day of 1997.
ATTEST: Mayor
City Clerk APPROVED AS TO FORM:
City Attorney
REVIEWED, INITIATED AND APPROVED:
City Attorney
6
g 1resolutionfins2/3!7/97
EXHIBIT A
TO RESOLUTION NO. 97—a0
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 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. City shall be reimbursed by Contractor for all costs or attorney's fees incurred
by city in enforcing this obligation.
glresolutionfins2/3/6/97
EXHIBIT B
TO RESOLUTION NO.
Professional Services Contractors shall 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.
g 1resol utionfins2/3/6/97
ISSVE OAT E MM/DOIY1)
r- (
Xgwk : .'--'CERTIFICAI,, )OFINSUFMC
.y. .wa. .. .. • ...'G:. • ._ .'(. ... .af{�..::.�'Y4,(.:=:i;cL�:• .er.:':a.e;f.:i:,�nfa:?:..�%�:i.`..
PRoDuCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
I NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I
COMPANIES AFFORDING COVERAGE
I / _ COMPANY A
LETTER
CODE SUB-CODE
COMPANY B
(INSURED LETTER
COMPANY`+
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
COVERAGES ,
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 WFICH 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.
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MWDD/YY) DATE(MM/DD/W� ALL LIMITS IN THOUSANDS
GENERAL LIABILITY - ENERAL AGGREGATE S
COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOPS AGGREGATE S
CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY S
OWNER'S d CONTRACTOR'S PROT. EACH OCCURRENCE S
FIRE DAMAGE(Any one fire) S
MEDICAL EXPENSE(Any one person) S
AUTOMOBILE LIABILITY COMBINED
SINGLE S
' ANY AUTO � LIMIT
ALL OWNED AUTOS BODILY
INJURY S
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY,
INJURY $
NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY PROPERTY
DAMAGE S
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
,
S (EACH ACCIDENT)
AND j (DISEASE—POLICY LIMIT)
EMPLOYERS'UA& APPROVED AS TO r ORIU:; S (DISEASE—EACH EMPLOYEE
OTHER GAIL HUTTON,. City Attorney_.
By: Deputy City Attorney.-
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
j5,!'fM l'G F ppl/LLe
CERTIFICATE HOLDER CANCELLATION .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL EN0E>hk*9.-!LF9
MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TJiE
LEFT, 8l#T�FhItI�RE�i6tA�k1!`BIiEM.-tJA�F66ti+i1AEk�klf�S�AK68�661aTiON+d9R
=WAS �'@tt�T#lE+�OMRIr �li6rlhSflkT�OWREfiFlE*C*FFA **rrr
AUTHORIZED REPRESENTATIVE
ACORD 25-S (3/88) EXHIBIT C Page 1 ®ACORD CORPORATION 1988
•"`r '� #-!G)LICY NUMBER: ( 3MMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,
(._. ADDITIONAL INSURED—OWNERS, LESSEES or
CONTRACTORS (Form A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization (Additional Insured): Location of
Covered Operations
Premium Basis Rates Advance Premium
Bodily Injury and (Per
Property Damage Liability Cost $1000 cf cost) $
Total Advance Premium $
(If no entry appears above,information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
1. WHO IS AN INSURED (Section 11) is amended to . (a) All work on the project (other than
include as an insured the person or organization service, maintenance. or repairs) to
(called"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 been com-
the location designated above, or p►eted. or
B. Acts or omissions of the additional insured(s) (b) That portion of "your work" out of
in connection with their genera! supervision which the injury or damage arises has
of "your work" at the location shown in the been put to its intender; 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.
A. None 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-
S. Additiona! Exclusions. This insurance does ployees, other than the general supervi-
not apply to: sion of work performed for the additional
(1) —Bodily in urY :"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. (b) Property in the care,custody.or con-
to Lability for damages that the additional trot of the additional insured(s) or
insured(s) would have in the absence of over which the additional insured(s)
the contract or agreement. are for any purpose exercising phys-
(2) "Bodily injury" or "property damage" ical control; or
occurring after: (c) "Your work" for the additional in-
sured(s).
CG 20 09 1185 Copyright, Insurance Services Office. Inc..1984
Exhibit C pg,, 2
.F41CY NUMBER: � -fOMMERCIAL GENERAL LIAB�ILITY
e
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -
t. ADDITIONAL INSURED --- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
',COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Kama of Person or Organization:
(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 (Se:tion 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 work"for that insured by or for you.
r
CG 20 10 11 85 Copyright. Insurance Services Office.Inc..1984
Exhibit C pg. 3
Exhibit 4
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
IN DUPLICATE
SPECIAL-ENDORSEMENT..
' '{� ....�::....::. :..... ...:: RSE NDOMEhTNO. t55UE0ATE(MM.Ut1YYj
tco R
. the Entity")
-- - -
�t
)DUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: prom) po)
OTHER PROVISIONS
Telephone
NAMED INSURED
CLAIMS:Undemiters representative for claims pursuant to this insurance. EMPLOYERS LIABILITY LIMITS
Name: $ (Each Accident)
Address: S (Disease—Policy Limit)
$ (Disease—Each Employee)
Telephone:
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereatwr a=ched
thereto,it is agreed as follows:
1. CANCELLATION NOTICE.This insurance shall not be cancelled,or mate rially reduced in coverage or limits except after thirty(30)days prior wri tion no tice by rocaipted delivery has
been given to the Entity.
2. WAIVER OF SUB ROGATION.The Insurance Company agrees to waive all rights of subrogation against the Entity.its elected or appointed oficials,agents and employee s for losses
v_:d under the terms of this po!icy wtuch arise hom the work performed by the Named Insured for the Entity.
lot as sated above nothing herein shall behold to waive,alter or extend any of the limits conditions,agreements or exclusions of the policy to which this endorsement is atached.
ENDORSEMENT HOLDER :•:.... .: ;. :. ..: .;:::>;;:;:>;;:; ::: ;:.;: .:..:. :::..::.::... .:::::
ENTITY AUTHORIZED
REPRESENTATIVE ❑Broker/Agent [:]Underwriter ❑
I (printAype name), warrant that I have
authority to bind the above-mentioned insurance company and by my signature hereon
do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
REEv.ego
Exhibit C pg. 4
SCJPIA insurance, Requirements Manual 14
Reproduction of State Compensation
Insurance Fund Form
r�
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER:
JULY 20, 1987 CERTIFICATE EXPIRES: 10-01.87
r
1
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 30 days'advance written notice to the employer.
We will 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 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 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 typewritten addition to printed form)
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 #r0015 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 07-20-871S ATTACHED TO AND FORMS A PART
OF THIS POLICY.
LIABILITY OF THE STATE COMPENSATION INSURANCE FUND IS LIMITED TO$3.000.000.00 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
EXHIBIT D
INSURANCE REQUIREMENTS FOR CONTRACTORS,VENDORS PROVIDING GOODS,SERVICES
AND/OR INSTALLATION AND PERMITTEES FOR WORK INVOLVING OR THE 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'�pevidencing 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.
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
notice,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/k/samp1esrnsreq/3/7/97
1
EXHIBIT E
INSURANCE REQUIREMENTS FOR PERMITTEES FOR
WORK NOT INVOLVING THE PUBLIC RIGHT-OF-WAY
Minimum Limits of Insurance
Contractoushall submit 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 :
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.
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. 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 Entity, 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 Entity, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the Entity, 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 Entity, 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 notice,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/k/samp1esrnsreq/3/7/97
2
EXHIBIT F
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. 9-7--'-4 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 City of Huntington Beach.
jmp/k/samp1esAnsreq/3/7/97
3
EXHIBIT G
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. 9-7-aE)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.
jmp/k/samp1esrnsreq/3/7/97
4
EXHIBIT H
INSURANCE REQUIREMENTS FOR LESSEES/LICENSEES
Minimum Limits of Insurance
Lessee/Licensee shall submit 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: $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.
jmp/k/samplesfinsreq/3!7/97
5
E)CHIBIT I
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title Department of Requesting Staff Member
2. 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
(This 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.
g:/resolutionlns2/3!7/97