REQUIRED AT PROPOSAL STAGE:

Transcription

1 DATE: February 13, 2019 SUBJECT: ADDENDUM # E. PACIFIC COAST HIGHWAY WILMINGTON, CA The Port of Los Angeles 2401 E. Pacific Coast Highway Wilmington, CA Request for Lease Proposals Exhibit C, is amended through this notification as described below: EXHIBIT C Insurance Requirements REQUIRED AT PROPOSAL STAGE: A letter from the Proposer s insurance provider must be included with proposal. The letter should indicate that the minimum requirements below are presently part of the Proposer s coverage, or that the Proposer is able to secure such coverage should they be selected. The letter must indicate that the provider and Proposer are aware of the indemnification requirements outlined in Item 1, below. Proposers are not required to purchase the required minimum insurance in order to respond, however all required insurance will need to be in full force and effect prior to the Effective Date of the Revocable Permit. 1. Indemnification Except for the sole negligence or willful misconduct of the City, or any of its Boards, Officers, Agents, Employees, Assigns and Successors in Interest, Contractor undertakes and agrees to defend, indemnify and hold harmless the City and any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by the City, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever, for death or injury to any person, including Contractor s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this permit by Tenant or its subcontractors of any tier. Rights and remedies available to the City under this provision are cumulative of those provided for elsewhere in this permit and those allowed under the laws of the United States, the State of California, and the City.

2 2. Insurance Requirements Acceptable Evidence and Approval of Insurance Electronic submission is the required method of submitting insurance documents. Tenant s insurance broker or agent shall register with the City s online insurance compliance system KwikComply at and follow the instructions to register and submit the appropriate proof of insurance on Tenant s behalf. Carrier Requirements All insurance which is required pursuant to this Permit shall be placed with insurance carriers authorized to do business in the State of California and which are rated A-, VII or better in Best s Insurance Guide. Carriers without a Best s rating shall meet comparable standards in another rating service acceptable to City in its sole and absolute discretion. Primary Coverage The coverages submitted must be primary with respect to any insurance or self-insurance of the City of Los Angeles Harbor Department. The City of Los Angeles Harbor Department s program shall be excess of this insurance and non-contributing. Notice of Cancellation By terms of the permit, the Tenant agrees to maintain all required insurance in full force for the duration of the Tenant s business with the City of Los Angeles Harbor Department. Each insurance policy described below shall provide that it will not be canceled or reduced in coverage until after the Board of Harbor Commissioners, Attention: Risk Manager and the City Attorney of the City of Los Angeles Harbor Department have been given thirty (30) days prior notice (or 10 days notice of non payment of premium) by registered mail addressed to 425 S. Palos Verdes Street, San Pedro, California Modification of Coverage The Executive Director may, at their sole and absolute discretion, and based upon recommendation of independent insurance consultants to City, increase or decrease amounts and types of insurance coverage required hereunder at any time during the term hereof by giving ninety (90) days written notice Tenant. Renewal of Policies At least thirty (30) days prior to the expiration of any policy, Tenant shall direct their insurance broker or agent to submit to the City s online insurance compliance system KwikComply at a renewal certificate showing that the policy has been renewed or extended or, if new insurance has been obtained, evidence of insurance as specified below. If Tenant neglects or fails to secure or maintain the insurance required below, Executive Director may, at their own option but without any obligation, obtain

3 such insurance to protect the City s interests. The cost of such insurance will be added to the next rental payment due from the Tenant as additional rent. Policy Copies Tenant must furnish a fully certified copy of any insurance policy required herein. This requirement shall survive the termination or expiration date of the agreement, contract, or Permit in question. Limits of Coverage If the Tenant maintains higher limits than the minimums shown below, City requires and shall be entitled to coverage for the higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Right to Self-Insure Upon written approval by Executive Director, Tenant may self-insure if the following conditions are met: a. Tenant has a formal self-insurance program in place prior to execution of this Permit including a formal resolution of its board of directors authorizing self-insurance. b. Tenant agrees to protect the City, its boards, officers, agents and employees at the same level as would be provided by full insurance with respect to types of coverage and minimum limits of liability required by this Permit. c. Tenant agrees to defend the City, its boards, officers, agents and employees in any lawsuit that would otherwise be defended by an insurance carrier. d. Tenant agrees that any insurance carried by Department is excess of Tenant s self-insurance and will not contribute to it. e. Tenant provides the name and address of its claims administrator f. Tenant submits its most recently filed 10-Q and its 10-K or audited annual financial statements for the three most recent fiscal years prior to the Executive Director s consideration of approval of self-insurance and annually thereafter. g. Tenant agrees to inform Department in writing immediately of any change in its status or policy which would materially affect the protection afforded Department by this self-insurance. h. Tenant has complied with all laws pertaining to self-insurance.

4 3. General Liability Insurance Tenant shall procure and maintain in effect throughout the term of this Permit, without requiring additional compensation from the City, commercial general liability insurance covering personal and advertising injury, bodily injury, and property damage providing contractual liability, independent contractors, products and completed operations, and premises/operations coverage written by an insurance company authorized to do business in the State of California rated VII, A- or better in Best s Insurance Guide (or an alternate guide acceptable to City if Best s is not available) within Consultant s normal limits of liability but not less than One Million Dollars ($1,000,000) combined single limit for injury or claim. Said limits shall provide first dollar coverage except that Executive Director may permit a self-insured retention or self-insurance in those cases where, in his or her judgment, such retention or self-insurance is justified by the net worth of Tenant. The retention or self-insurance provided shall provide that any other insurance maintained by Department shall be excess of Tenant s insurance and shall not contribute to it. In all cases, regardless of any deductible or retention, said insurance shall contain a defense of suits provision and a severability of interest clause. Additionally, each policy shall include an additional insured endorsement (CG 2010 or equivalent) naming the City of Los Angeles Harbor Department, its officers, agents and employees as Primary additional insureds, a 10-days notice of cancellation for nonpayment of premium, and a 30-days notice of cancellation for any other reasons. 4. Automobile Liability Insurance Tenant shall procure and maintain at its expense and keep in force at all times during the term of this Permit, automobile liability insurance written by an insurance company authorized to do business in the State of California rated VII, A- or better in Best s Insurance Guide (or an alternate guide acceptable to City if Best s is not available) within Tenant s normal limits of liability but not less than One Million Dollars ($1,000,000) covering damages, injuries or death resulting from each accident or claim arising out of any one claim or accident. Said insurance shall protect against claims arising from actions or operations of the insured, or by its employees. Coverage shall contain a defense of suits provision and a severability of interest clause. Additionally, each policy shall include an additional insured endorsement (CG 2010 or equivalent) naming the City of Los Angeles Harbor Department, its officers, agents and employees as Primary additional insureds, a 10-days notice of cancellation for nonpayment of premium, and a 30-days notice of cancellation for any other reasons. 5. All Risk Property (formerly known as Fire & Extended Coverage/Property Insurance) Tenant shall secure, and shall maintain at all times during the life of this Permit, All Risk Property insurance that requires the tenant to insure all works, structures and improvements erected on the premises on an All Risk basis equal to the full replacement cost of the property with no coinsurance clause. Coverage shall include a Loss Payee endorsement where losses payable under this policy shall be adjusted with the named insured and paid to the Port of Los Angeles as its interests may appear. Additionally, evidence of Business Interruption and Extra Expense insurance in such amounts as will cover all rent and other monies payable to the Port and will reimburse Tenant for direct and indirect loss of earnings due to a covered peril for a period of at least twelve (12) months.

5 Said policy shall include an additional insured endorsement (CG 2010 or equivalent) naming the City of Los Angeles Harbor Department, its officers, agents and employees as additional insureds, a 10-days notice of cancellation for nonpayment of premium, and a 30-days notice of cancellation for any other reasons. 6. Workers Compensation and Employer s Liability Tenant shall certify that it is aware of the provisions of Section 3700 of the California Labor code which requires every employer to be insured against liability for Workers Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and that Tenant shall comply with such provisions before commencing this Permit. Coverage for claims under U.S. Longshore and Harbor Workers Compensation Act, if required under applicable law, shall be included. Tenant shall submit Workers Compensation policies whether underwritten by the state insurance fund or private carrier, which provide that the public or private carrier waives it right of subrogation against the City in any circumstance in which it is alleged that actions or omissions of the City contributed to the accident. Such worker s compensation and occupational disease requirements shall include coverage for all employees of Tenant, and for all employees of any subcontractor, subtenant, sub licensor or any vendor retained by Tenant. 7. Fire Legal Liability In addition to and concurrently with the aforesaid insurance coverage, Tenant shall also procure and maintain, either by an endorsement thereto or by a separate policy, fire legal liability insurance with a minimum limit of Two Hundred Fifty Thousand Dollars ($250,000.00), covering legal liability of Tenant for damage or destruction to the works, buildings and improvements owned by City provided that said minimum limits of liability shall be subject to adjustments by Executive Director to conform with the deductible amount of the fire insurance policy maintained by the Board with waiver of subrogation in favor of Tenant so long as permitted by Board s fire insurance policy, upon thirty (30) days prior written notice thereof to Tenant at any time during the time of this Permit. Neither City nor Board should be named as additional insureds on this policy.