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EXHIBIT “B”
CITY OF WESTMINSTER
CITY OF GARDEN GROVE
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract and thereafter (unless specified below) all insurance that would be kept by a reasonable contractor under similar circumstances against all claims that may arise from or in connection with the performanc e of the work hereunder by the C ontractor, its agents, representatives, volunteers, employees, or subcontractors (the ”WORK”). The cost of such insurance shall be borne by the Contractor and/or included in the Contractor's proposal.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office (“ISO”) Form #CG 00 01 11 88 Commercial General Liability coverage.
2. ISO Form # CA 00 01 01 87 Business Auto liability coverage, symbol 1 "any auto”.
3. Workers' Compensation insurance as required by the State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $3,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to this project/location. This insurance shall be maintained during the term of this contract and for at least ten consecutive years following the completion of the WORK.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage, with a $2,000,000 general aggregate limit. Such insurance shall include coverage for all owned, hired and non- owned automobiles. This insurance shall be maintained during the term of this contract and for at least three consecutive years following the completion of the WORK. This insurance shall be endorsed to be applicable solely to claims based upon, arising out of or related to the WORK.
3. Workers' Compensation and Employers Liability: Workers' compensation insurance in compliance with all applicable state and federal law, including the Labor Code of the State of California, with limits not less than the amount prescribed by law, and Employer’s Liability Insurance with limits of not less than $1,000,000 per occurrence.
C. DEDUCTIBLES AND SELF-INSURED RETENTION
Any deductibles or self-insured retentions applicable to insurance policies required herein must be declared to and approved by City of Westminster and City of Garden Grove prior to Contractor obtaining such insurance policy. In no event shall any insurance policy required in this contract have a deductible, self -insured retention or other similar provision (including any “fronting” component) in excess of $50,000 without prior written approval of the City of Westminster and City of Garden Grove in their sole discretion. At the option of City of Westminster and City of Garden Grove, either, the insurer shall reduce or eliminate such deductibles or self -insured retention as respects City of Westminster, City of Garden Grove, their officers, elected or appointed officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability, Automobile Liability and Umbrella/Excess Liability Coverages a. The City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, employees, agents, and volunteers are to be covered as an additional insured as respects defense and indemnity against claims seeking recovery for: liability arising out of activities performed by or on behalf of the C ontractor; 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 not extend to any indemnity coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b), and shall contain no special limitations on the scope of protection afforded to the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, employees, agents, or volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
c. Except with respect to the limits of the insurers’ liability, the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought and shall provide that an act or omission of one of the insureds shall not reduce or void coverage to the other insureds. The Contractor’s insurance shall not
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exclude coverage for suits or claims brought by or on behalf of one insured against any other insured. d. If a contract is executed between the City of Westminster and the Contractor, the policies shall be endorsed to include contractual liability.
2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers for losses arising from work performed by the Contractor for the City of Westminster.
3. All Coverages
a. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail, return receipt requested, has been given to the City of Westminster and the City of Garden Grove. b. Each insurance policy shall provide that the insurer waives any and all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers.
c. If CONTRACTOR maintains higher limits than the minimums shown above, the City of Westminster and the City of Garden Grove shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
Furthermore, CONTRACTOR shall not reduce such higher insurance limits to the minimum required herein.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers authorized to do business by the Insurance Commissioner in the State of California, with a rating by A.M. Best's of no less than A, Class VII. All insurers shall be licensed by or holding admitted status in the State of California.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the City of Westminster and the City of Garden Grove with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Westminster . Where by statute, the City of Westminster's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Westminster and the City of Garden Grove before WORK commences, and shall evidence that all premiums have been paid for the entire forthcoming policy period. The City of Westminster reserves the right to require complete, certified copies of all required insurance policies, at any time. The delivery to the City of Westminster of any certificates of insurance or endorsements hereunder which do not comply with the requirements set forth in this contract shall not waive the City of Westminster’s right to require such compliance.
G. FAILURE TO MAINTAIN INSURANCE
If Contractor fails to obtain and maintain the insurance required hereunder, the City of Westminster shall have the right, but not the obligation, to obtain the same or similar insurance in the name and account of Contractor in which event the Contractor shall pay the cost thereof and furnish upon demand all information that may be requested by the City of Westminster to permit the City of Westminster to obtain all such required coverage on behalf of the Contractor. The City of Westminster shall have the right to offset (without recourse by the Contractor) against any amounts owing to the Contractor, amounts the City of Westminster reasonably incurs in obtaining insurance required of Contractor herein.
H. NO LIMITATION ON INDEMNITY
The procuring of the insurance required in this contract or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City of Westminster, the City of Garden Grove, or any of their officers, elected or appointed officials, agents, volunteers or employees.
I. NO REPRESENTATION
Neither the City of Westminster, The City of Garden Grove, nor any of their officers, elected or appointed officials, agents, volunteers or employees make any representation that the types of insurance and the limits specified to be carried by Contractor under this contract are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own ex pense, such additional insurance as Contractor deems adequate.
J. SUBCONTRACTORS
All subcontractors shall comply with all of the requirements stated in this contract. Contractor shall furnish the City of Westminster and the City of Garden Grove with separate certificates and endorsements for each subcontractor.
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GENERAL LIABILITY ENDORSEMENT
CITY OF WESTMINSTER ("The City") - ATTN: Public Works Department 8200 Westminster Boulevard, Westminster, CA 92683
CITY OF GARDEN GROVE – ATTN Risk Management Department
11222 Acacia Parkway, Garden Grove, CA 92842
A. POLICY INFORMATION Endorsement #_______________ Effective Date: ___________________
1. Insurance Company ___________________________________ Policy No._________________________________
2. Policy Term (From) ___________________________________ (To) ______________________________________
3. Name of Insured ________________________________________________________________________________
4. Address of Named Insured ________________________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate $_____________/__________________________________ General Liability Aggregate (Please Initial): Applies "per location/project": ______________
6. Deductible or self-insured retention (Nil unless otherwise specified:) $_________________________________
7. Coverage is equivalent to:
Commercial General Liability - Form CG 00 01 11 88 ______________________________________ _______________________________________
8. Bodily Injury and Property Damage Coverage is: ________ "claims-made" _________ "occurrence" If claims-made, the retroactive date is ___________________________________________________________
NOTE: The agency's standard insurance requirements specify "occurrence" coverage. "Claims -made" coverage requires special approval. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached hereto, it is agreed as follows:
1. INSURED. The City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers are included as an additional insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Ins ured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. The insurance afforded by this policy shall be primary insurance as respects the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers. Any insurance or self -insurance maintained by the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, employees, or volunteers shall be excess of the contractor's insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(a) Insurance Services Office Commercial General Liability Coverage, "occurrence" Form CG 00 01 11; or (b) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (a).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. An act or omission of one of the insureds shall not reduce or void coverage to the other insureds.
5. NO EXCLUSION FOR CROSS-LIABILITY. The insurance afforded by this policy shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured.
6. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers, including for any claim for which a failure to comply with the policy’s reporting provisions is alleged.
7. CONTRACTUAL LIABILITY. The insurance afforded by this policy shall extend coverage to claims for contractual liability, if a contract is to be executed.
8. WAIVER OF SUBROGATION. The Insurance Company agrees to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from work performed by or on behalf of the Named Insured for the City.
9. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail return receipt requested has been given to the City of Westminster and the City of Garden Grove. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE - Incidents and claims are to be reported to the insurer at:
ATTN: __________________________________________________________________________________
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(Title) (Department)
Company: _____________________________________________________________________________ Street Address: ________________________________________________________________________ City, State, Zip: ________________________________________________________________________ Telephone Number: (______)______________________________________________________________
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, __________________________________________________(print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
_____________________________________________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (Original Signature Required on Endorsement Furnished to the City) ORGANIZATION:_______________________________________ TITLE:__________________________________ ADDRESS:____________________________________________ TEL. # (____) ____________________________
AUTOMOBILE LIABILITY ENDORSEMENT
City of Westminster ("The City") - ATTN: Public Works Department 8200 Westminster Blvd., Westminster, CA 92683
CITY OF GARDEN GROVE – ATTN Risk Management Department
11222 Acacia Parkway, Garden Grove CA 92842
A. POLICY INFORMATION Endorsement #_______________ Effective Date: ______________
1. Insurance Company _________________________ Policy No.______________________
2. Policy Term (From) ________________________ (To) ___________________________
3. Name of Insured __________________________________________________________
4. Address of Named Insured _________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate $_____________/_________________
6. Deductible or self-insured retention (Nil unless otherwise specified:) $___________________
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached hereto, it is agreed as follows:
1. INSURED. The City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers are included as an additional insured with regard to damages and defense of claims arising from:
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured. Coverage shall not extend to any indemnify coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).
2. CONTRIBUTION NOT REQUIRED. The insurance afforded by this policy shall be primary insurance as respects the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers shall be excess of the contrac tor's insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy affords coverage to the Named Insured at least as broad as Insurance Services Office Business Auto Coverage, Form CA 00 01 01 87.
4. NO EXCLUSION FOR CROSS-LIABILITY. The insurance afforded by this policy shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured.
5. SEVERABILITY OF INTEREST.The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
An act or omission of one of the insureds shall not reduce or void coverage to the other insureds.
6. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers, including for any claim for which a failure to comply with the policy’s reporting provisions is alleged.
7. CONTRACTUAL LIABILITY. The insurance afforded by this policy shall extend coverage to claims for contractual liability, if a contract is to be executed.
8. WAIVER OF SUBROGATION. The Insurance Company agrees to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from work performed by or on behalf of the Named Insured for the City.
9. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail return receipt requested has been given to the City of Westminster and the City of Garden Grove. Such notice shall be addressed as shown in the heading of this endorsement.
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C. INCIDENT AND CLAIM REPORTING PROCEDURE - Incidents and claims are to be reported to the insurer at:
ATT: _________________________________(Title)____________________________(Department______________ Company: _________________________________________Telephone # (_________)_______________________ Street Address: ______________________________________City, State, Zip______________________________
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, ___________________________________ (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. __________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) ORGANIZATION: ________________________________________________ TITLE: _______________________________ ADDRESS: ______________________________________________________ TEL. #:_______________________________
WORKERS' COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT
CITY OF WESTMINSTER ("The City") - ATT: Public Works Department 8200 Westminster Boulevard,
Westminster, CA 92683
CITY OF GARDEN GROVE – ATTN Risk Management Department 11222 Acacia Parkway, Garden Grove, CA 92842
A. POLICY INFORMATION Endorsement #_____________ Effective Date: _______________
1. Insurance Company ______________________ Policy No._______________________________
2. Policy Term (From) ________________________ (To) _________________________________
3. Name of Insured ________________________________________________________________
4. Address of Named Insured ________________________________________________________
5. Employer's Liability Limit (Coverage B) _____________________________________________
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached hereto, it is agreed as follows:
1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail return receipt requested has been given to the City of Westminster and the City of Garden Grove. Such notice shall be addressed as shown in the heading of this endorsement.
2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from work performed by or on behalf of the Named Insured for the City.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, ____________________________________ (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
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SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City)
ORGANIZATION: ___________________________________ TITLE: __________________________ ADDRESS: ________________________________________ CITY, STATE, ZIP _________________ TEL. # (_________)_______________________
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Only this Certificate of Insurance form will be accepted CERTIFICATE OF INSURANCE TO CITY OF WESTMINSTER ("The City")
Return Completed Certificate to: INSURED:________________________________________________ CITY OF WESTMINSTER ADDRESS:________________________________________________ 8200 Westminster Blvd. ___________________________________________________ Westminster, CA 92683
Attn: Public Works Dept.
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 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 terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.
Description of op erations/locations/products insured (show contract name and/or number, if any:
______________________________________________________________________________
POLICIES & INSURERS LIMITS POLICY # EXPIRATION DATE
Workers' Compensation
Name of Insurer
_______________________
A.M. Best's Rating ___________
Employers Liability $___________________
Commercial General Liability
Name of Insurer _________________________
A.M. Best's Rating___________________
Claims-Made _______ or Occurrence ______
Commercial General Liability
General Aggregate Limit:
per project/location $_________
Pollution Coverage Limit:
Per project/location $ ________
Products-Completed Operations Aggregate Limit
$______________
Each Occurrence $_____________
Business Auto Policy
Liability Coverage Symbol ___________
Name of Insurer
________________________________
A.M. Best's Rating
______________________________
Each Person $__________________
Each Accident $________________
Each Accident, Property Damage
$________________ or
Combined Single Limit $_________
Umbrella Liability
Name of Insurer_________________________
A.M. Best's Rating ______
Claims Made ____ or Occurrence ___
Occurrence/Aggregate
$_______________________
Self-Insured Retention
$_______________________
NOTE: If commercial general liability insurance issued or if aggregate limits are endorsed to the comprehensive general liability policy form, the general aggregate must apply per location/project.
The following coverage or conditions are in effect: Yes No The City, its elected or appointed officials, officers, agents, employees, and volunteers are named on all liability policies described above as insured as respects: (a) activities performed for the City by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises, owned, leased or used by the Named Insured.
Products and Completed Operations
The undersigned will mail to the City 30 days' written notice of cancellation or reduction of coverage or limits.
Cross Liability Clause (or equivalent wording)
Personal Injury, Perils A, B, and C
Broad Form Property Damage
X, C, U Hazards included
Contractual Liability Coverage applying to this contract Liquor Liability
Coverage afforded the City, its elected or appointed officials, officers, employees, and volunteers as Insured applies as primary and not excess or contributing to any insurance issued in the name of the City.
Waiver of subrogation from General/Auto and Workers' Compensation insurers.
This certificate is issued as a matter of information. This certificate 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. ____________________________________ __________________________________ Agency or Brokerage Insurance Company
Address of Home Office:_______________________________ __________________________________ Name of Person & Title to Contact: _________________________________________________________ Authorized Signature:______________________ Date:_____________Telephone Number:_______________ NOTE: Authorized signatures may be the agent's if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official insurer.