6-05 Exhibit 1 Insurance Requirements.pdf

LAWA Special Insurance Provisions, Page 1 of 2 (Version 11/2023)

Name: TBD Agreement/Ac�vity: RFP – Taxicab Operation and Management

LAWA Division: Landside & Permits Bonfire No.: 0520-2026-09-RFP SAP No.: N/A Term: 5 Years

The following Primary and Ancillary Insurance is required for this contract with minimum limits outlined and is subject to the terms and condi�ons set forth in Sec�on 10 of the

General Insurance Provisions in the Contract.

Primary Insurance

(X) Required Workers Compensa�on, Statutory Limits

Employer Liability

$1,000,000 each accident

$1,000,000 each employee by disease

$1,000,000 policy limit by disease

(X) Required General Liability

$1,000,000 per occurrence

$2,000,000 general aggregate

$1,000,000 personal and adver�sing injury

$1,000,000 products/completed opera�ons

(X) Required Commercial Auto Liability $1,000,000 combined single limit

Ancillary Insurance, as Required Below

() Required Professional Liability

$ per claim and $ annual aggregate

LAWA Special Insurance Provisions, Page 2 of 2 (Version 11/2023)

Ancillary Insurance, as Required Below

() Required

(refer to specific coverage required)

Property Insurance, All Risk/Special Form Coverage

() Tenant Contents/Coverage for Personal Property (X) Replacement Value () Tenant improvements () Builder's Risk Insurance () Earthquake coverage limit: - Replacement Value () Flood coverage limit: - Replacement Value () Terrorism coverage

() Required Installation Floater

() Required Pollution Legal Liability – Must meet policy limits.

$____ per occurrence and $____ per aggregate

Network Security and Privacy Liability (Cyber Liability)

$ ____ per incident and $____ annual aggregate

Aircra� and Passenger Liability $_____ per occurrence/per passenger fixed wing $_____ per occurrence/per passenger rotorcra�

( ) Required

Garage Keeper’s Liability

$__ per occurrence and $__ annual aggregate

Hangar Keeper’s Liability

$_____ per occurrence and $____ annual aggregate

( ) Required

Liquor Liability

$__ per occurrence and $__ annual aggregate

( ) Required Crime Insurance or Fidelity Bond

$____ Theft, dishonesty, disappearance, forgery, alteration, and destruction

Evidence of Contractor’s insurance, including all required endorsements, must be uploaded into Contractor’s insurance profile at PinsAdvantage.com. Please upload these Special Insurance Requirement with your evidence of insurance. Contact LAWA Risk Management at riskinsurance@lawa.org or your Contract Administrator responsible for your contract if you have ques�ons.

07/2024 mailto:riskinsurance@lawa.org

Insurance

Contractor shall procure at its own expense, and keep in effect at all times during the term of this Agreement, the types and amounts of insurance specified herein. The specified insurance shall also, either by provisions in the policies or by endorsement attached to such policies, specifically name the City of Los Angeles, Los Angeles World Airports, its Board of Airport Commissioners (hereinafter referred to as "Board"), and all of its officers, employees, and agents, their successors and assigns, as additional insureds, against the area of risk described herein as respects Contractor's acts or omissions in its operations, use and occupancy of the premises hereunder or other related functions performed by or on behalf of Contractor on Airport.

With respect to Workers' Compensation, the Contractor shall, by specific endorsement, waive its right of subrogation against the City of Los Angeles, Los Angeles World Airports, its Board, and all of its officers, employees and agents, their successors and assigns.

Each specified insurance policy (other than Workers' Compensation and Employers' Liability and fire and extended coverages) shall contain a Severability of Interest (Cross Liability) clause which states, "It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability," and a Contractual Endorsement which shall state, "Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under this Agreement with the City of Los Angeles."

All such insurance shall be primary and noncontributing with any other insurance held by City's Department of Airport where liability arises out of or results from the acts or omissions of Contractor, its agents, employees, officers, assigns, or any person or entity acting for or on behalf of Contractor.

Such policies may provide for reasonable deductibles and/or retentions acceptable to the Chief Executive Officer of the Department of Airport (hereinafter referred to as "Chief Executive Officer") based upon the nature of Contractor's operations and the type insurance involved.

City shall have no liability for any premiums charged for such coverage(s). The inclusion of City, its Department of Airports, its Board, and all of its officers, employees and agents, and their agents and assigns, as insureds, is not intended to, and shall not, make them, or any of them a partner or joint venture with Contractor in its operations at Airport.

In the event Contractor fails to furnish City evidence of insurance and maintain the insurance as required, City, upon ten (10) day prior written notice to comply, may (but shall not be required to) procure such insurance at the cost and expense of Contractor, and Contractor agrees to promptly reimburse City for the cost thereof plus fifteen percent (15%) for administrative overhead.

At least ten (10) days prior to the expiration date of any of the above policies, documentation showing that the insurance coverage has been renewed or extended shall be filed with City. If such coverage is canceled or reduced, Contractor shall, within fifteen (15) days of such cancellation or reduction of coverage, file with City evidence that the required insurance has been reinstated or provided through another insurance company or companies.

Contractor shall provide proof of all specified insurance and related requirements to City either by production of the actual insurance policy(ies), by a broker's letter acceptable to the Chief Executive Officer in both form and content in the case of foreign insurance syndicates, or by other written evidence of insurance acceptable to the Chief Executive Officer. The documents evidencing all specific coverages shall be filed with City prior to commencement of this contract. The documents shall contain the applicable policy number, the inclusive dates of policy coverages and the insurance carrier's name, shall bear signature and the typed name of an authorized representative of said carrier, and shall provide that such insurance shall not be subject to cancellation, reduction in coverage or nonrenewal except after written notice by certified mail, return receipt requested, to the City Attorney of the City of Los Angeles at least thirty (30) days prior to the effective date thereof.

City and Contractor agree that the insurance policy limits specified herein shall be reviewed for adequacy annually throughout the term of this Agreement by Chief Executive Officer, who may thereafter require Contractor to adjust the amounts of insurance coverage to whatever amount Chief Executive Officer deems to be adequate. City reserves the right to have submitted to it, upon request, all pertinent information about the agent and carrier providing such insurance.

City Held Harmless

To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and any and all of City's Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney's fees and costs of litigation), claimed by anyone (including Contractor and/or Contractor's agents or employees) by reason of injury to, or death of, any person(s) (including Contractor and/or Contractor's agents or employees), or for damage to, or destruction of, any property (including property of Contractor and/or Contractor's agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Contractor's and/or Sub-Contractor's performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City's Boards, officers, agents or employees. Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Contractor's performance of a "Construction Contract" as defined by California Civil Code section 2783, this paragraph shall not be construed to require Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, October 3, 2019 1 demands and expenses are caused by the City's sole negligence, willful misconduct or active negligence. Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant's design professional services as defined by California Civil Code section 2782.8, Consultant's indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant's negligence, recklessness or willful misconduct in the performance of the Contract.

In addition, Contractor agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City's officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Contractor violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Contractor agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney's fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City's "Hold Harmless" agreement.

In Contractor's defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271,272 and 273 thereof.

Survival. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

Hazardous and Other Regulated Substances

(a) Contractor's performance under this Contract and/or occupancy or use of any LAWA property shall be in full compliance with any and all applicable present and future rules, regulations, restrictions, ordinances, statutes, laws and/or other orders of any governmental entity regarding the use, storage, handling, distribution, processing and/or disposal of hazardous wastes, extremely hazardous wastes, hazardous substances, hazardous materials, hazardous chemicals, toxic chemicals, toxic substances, pollutants, contaminants or other similarly regulated substances (hereinafter referred to as "hazardous substances").

Said hazardous substances shall include, but shall not be limited to, mold, gasoline, aviation, diesel and jet fuels, lubricating oils and solvents. Contractor agrees that any damages, penalties or fines levied on City and/or Contractor as a result of Contractor's noncompliance with any of the above shall be the sole responsibility of Contractor and further, that Contractor shall indemnify and pay and/or reimburse City for any damages, penalties or fines that City pays as a result of noncompliance with the above.

(b) In the case of any hazardous substance spill, contamination, leak, discharge or improper storage affecting LAWA property caused or contributed to by Contractor or its employees, servants, agents, contractors or subcontractors, Contractor agrees to make or cause to be made any necessary repairs or corrective actions as well as to clean up and remove any leakage, contamination or contaminated ground to the satisfaction of Chief Executive Officer. If Contractor fails to repair, cleanup, properly dispose of or take any other corrective actions as required herein, City may (but shall not be required to) take all steps it deems necessary to properly repair, clean up or otherwise correct the conditions resulting from the spill, leak or contamination.

Any such repair, clean-up or corrective actions taken by City shall be at Contractor's sole cost and expense and Contractor shall indemnify and pay for and/or reimburse City for any and all costs (including any administrative costs) City incurs as a result of any repair, clean-up or corrective action it takes.

( c) Contractor shall promptly supply City with copies of all notices, reports, correspondence and submissions made by Contractor to any governmental entity regarding any hazardous substance spill, leak, discharge or clean-up including all test results.

(d) The provisions of this section shall survive the expiration or earlier termination of this Agreement.

October 3, 2019 2

LAWA Special Insurance Provisions, Page 3 of 2 (Version 11/2023)

10. General Insurance Provisions (version 11/2023)

10.1. Primary Insurance Requirements. Contractor shall maintain at its sole expense and keep in effect during the term of this Contract, the following types of insurance in amounts specified in the Special Insurance Provisions atached hereto and incorporated herein by reference.

10.1.1. Workers’ Compensa�on and Employer’s Liability Insurance. Contractor shall maintain Workers’ Compensa�on Insurance as required by the State of California including coverage for Employer’s Liability with limits per accident, employee, and disease.

10.1.2. Commercial General Liability Insurance. Contractor shall maintain Commercial General Liability Insurance (CGL) providing coverage for bodily injury, property damage, and personal and adver�sing injury through any combina�on of primary and excess or umbrella liability insurance policies with annual reinstatement of the general aggregate limit at each policy period renewal. The CGL shall include broad contractual liability.

The CGL insurance must be writen on an ISO occurrence form CG 00 01 or subs�tute forms providing equivalent coverage. All excess or umbrella policies shall be follow-form and afford no less coverage than the primary policy. Coverage shall apply for both ongoing and completed opera�ons on a form acceptable to LAWA. Coverage shall be provided to LAWA for liability and any damage to property and injury or death of persons, unless caused by LAWA’S sole or ac�ve negligence or willful misconduct.

For construc�on contracts, completed opera�ons coverage must be in place for the en�re California State Statute of Repose which is currently ten (10) years. The liability insurance requirements as noted in the Special Insurance Provisions can be met through a Contractor Controlled Insurance Program (CCIP), however, LAWA reserves the right to review and approve the program prior to star�ng work.

10.1.3. Commercial Automobile Insurance. Contractor shall maintain Commercial Auto Insurance writen on ISO form CA 00 01 (or subs�tute form providing equivalent liability coverage). Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos) and may be sa�sfied by a combina�on of primary and excess and/or umbrella policies. Insurance limits will vary depending on Contractor’s access to Air Opera�ons Area “AOA”. All excess or umbrella policies shall contain a drop-down clause in the event of exhaus�on of primary limits and provide coverage for primary auto liability.

Coverage shall include an MCS 90 endorsement for Contractor’s hauling or transpor�ng hazardous materials.

10.2. Ancillary Insurance Requirements. Contractor shall maintain at its sole expense and keep in effect during the term of this Contract, ancillary insurance coverages, if required by LAWA and iden�fied in the Special Insurance Provisions, with terms and condi�ons outlined below:

10.2.1. Professional Liability Insurance. Contractor shall maintain Professional Liability

Insurance providing coverage for the professional services provided under this Contract.

LAWA Special Insurance Provisions, Page 4 of 2 (Version 11/2023)

The policy must have a retroac�ve date prior to the effec�ve date of the Contract.

Contractor agrees to maintain coverage con�nuously for a period of no less than three (3) years following project acceptance by LAWA.

10.2.2. Contractor’s Pollu�on Liability Insurance. Contractor shall maintain Contractor’s Pollu�on Liability Insurance providing coverage for bodily injury, property damage, personal injury and environmental site restora�on including fines and penal�es in accordance with applicable EPA or state regula�ons. Coverage shall extend to losses from the release or escape of pollutants including discharge of pollutants brought to the site, release of pre-exis�ng pollutants at the site whether sudden or gradual over �me and mold resul�ng from Contractor’s work. Coverage must also extend to first-party clean-up costs, business interrup�on, loss of rents, and extra expense and include coverage for completed opera�ons up to ten (10) years following project acceptance by LAWA.

10.2.3. Property Insurance. Contractor shall maintain Property Insurance providing coverage for the building, including contents, tenant improvements, and/or builders’ risk on an All Risk/Special Form for all risks of physical loss or damage for all real property or improvements Contractor may be required to insure, including flood and earthquake coverage, for not less than the full replacement cost. Property insurance deduc�bles are the sole responsibility of the Contractor and must be approved by LAWA.

10.2.4. Installa�on Floater. Contractor shall maintain an Installa�on Floater providing coverage for the value of equipment to be installed and shall include LAWA as an insured and loss payee. Coverage for tes�ng, water damage, mechanical breakdown, and electrical injury shall be included.

10.2.5. Pollu�on Legal Liability Insurance. Contractor shall maintain Pollu�on Legal Liability Insurance providing coverage for bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the inves�ga�on, defense, or setlement of claims. Coverage shall apply to sudden and non-sudden pollu�on condi�ons resul�ng from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The insurance shall cover cleanup, including cleanup of pollutants on and migra�ng away from the insured loca�on, restora�on, business interrup�on, and extra expense as a result of release of pollutants. Coverage shall apply to non-owned disposal sites and shall meet any requirements of proof of financial responsibility laws for underground storage tanks, if appropriate. Contractor agrees to maintain coverage con�nuously for a period of no less than three (3) years following project acceptance by

LAWA.

10.2.6. Network Security and Privacy Liability Insurance (Cyber liability). Contractor shall maintain Network Security and Privacy Liability Insurance (Cyber liability) providing overage sufficiently broad to respond to the du�es and obliga�ons undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy viola�ons, informa�on the�, damage to or destruc�on of electronic informa�on, release of private informa�on, altera�on of

LAWA Special Insurance Provisions, Page 5 of 2 (Version 11/2023) electronic informa�on, extor�on, introduc�on, implanta�on or spread of malicious so�ware code and network security including unauthorized access to or use of computer systems or business data. The policy shall provide coverage for breach response costs as well as regulatory fines and penal�es, and credit monitoring expenses with limits sufficient to respond to these obliga�ons.

10.2.7. Aircra� and Passenger Liability Insurance. Contractor shall maintain Aircra� and

Passenger Liability Insurance providing coverage for third party bodily injury and property damage. All excess or umbrella policies shall be follow-form and afford no less coverage than the primary policy. Limits will vary based on federal requirements, passenger and/or cargo capacity.

10.2.8. Garage Keeper’s Liability Insurance. Contractor shall maintain Garage Keeper’s Liability

Insurance providing coverage that includes liability for loss or damage to vehicles which are the property of others and in the care, custody, or control of Contractor for storage, repair, or safekeeping.

10.2.9. Hangar Keeper’s Liability Insurance. Contractor shall maintain Hangar Keeper’s Liability Insurance proving coverage that includes liability for loss or damage to aircra� which are the property of others and in the care custody and control of Contractor for storage, repair, or safekeeping.

10.2.10. Liquor Liability Insurance. Contractor shall maintain Liquor Liability Insurance providing coverage that includes liability for claims arising from the sale or serving of alcohol on LAWA’s premises. Coverage may be endorsed on the commercial general liability policy or through a stand-along policy.

10.2.11. Crime Insurance or Fidelity Bond Insurance. Contractor shall maintain Crime Insurance or Fidelity Bond Insurance providing coverage for commercial crime insurance or a fidelity bond naming LAWA as a loss payee. The policy or bond shall cover the�, dishonesty, disappearance, forgery, altera�on, and destruc�on caused by employee of Contractor.

10.3. General Provisions:

10.3.1. Addi�onal Insureds. Contractor’s insurance, with excep�on of workers compensa�on and professional liability, if required, shall name City of Los Angeles, Department of Airports, also known as Los Angeles World Airports (referred to as “LAWA”), and its Board of Airport Commissioners, directors, officers, employees, their successors, and assigns as addi�onal insureds.

10.3.2. Primary Insurance. Contractor’s insurance shall be primary and non-contributory with any insurance maintained by LAWA and shall include cross liability or severability of interest, if applicable.

10.3.3. No�ce of Cancella�on. Contractor’s insurance shall be endorsed to provide LAWA with no�ce thirty (30) days prior to cancella�on of any required coverage except for non-payment which may be with ten (10) days no�ce of cancella�on.

LAWA Special Insurance Provisions, Page 6 of 2 (Version 11/2023)

10.3.4. Acceptability of Insurers. All required insurance shall be writen by companies having an

AM Best’s ra�ng of A- VII or equivalent, as determined by LAWA.

10.3.5. Deduc�bles and Self-Insured Reten�ons. Any deduc�ble or self-insured reten�on maintained by Contractor for any required coverage must be declared and approved by LAWA. LAWA reserves the right to request financial statements and Contractor agrees to be fully responsible for payment of any such deduc�bles or self-insured reten�ons.

10.3.6. Insurance Compliance. Contractor shall deliver to LAWA cer�ficates of insurance on an

Acord or equivalent form signed by an authorized representa�ve of the insurers prior to the execu�on of this Contract, prior to commencing any work or service, and at least ten

(10) days prior to the renewal or replacement of any of the required insurance, or upon reasonable request by LAWA. Cer�ficates of insurance must include all required endorsements, including but not limited to addi�onal insured, primary and non-contributory, no�ce of cancella�on, and waiver of subroga�on, as applicable. Contractor will not receive a no�ce to proceed un�l LAWA has approved insurance. LAWA reserves the right to request copies of required insurance policies, as needed.

Cer�ficate holder shall read:

City of Los Angeles, Department of Airports, also known as Los Angeles World Airports P. O. Box 92216 Los Angeles, CA 90009 ATTN: Risk Management Department

Should Contractor fail to obtain and maintain the required insurance, LAWA reserves the right, upon ten (10) days prior writen no�ce to Contractor of its inten�on to do so, to obtain and maintain such insurance on behalf of Contractor. Contractor shall be responsible for all costs incurred with respect to such insurance obtained by LAWA, plus administra�ve overhead.

10.3.7. Maintenance of Insurance. Contractor shall maintain all required insurance throughout the en�re dura�on of this Contract without any lapse in coverage or reduc�on in required limits. LAWA reserves the right to reevaluate and adjust the insurance types and coverage limits required herein annually.

10.3.8. Waiver. Contractor agrees to waive all rights of recovery against LAWA, and cause its

Workers’ Compensa�on, Commercial General Liability, Automobile Liability, and Umbrella/Excess insurance policies to be endorsed to waive subroga�on against LAWA.

Contractor is solely responsible for insuring, repairing, or replacing any of its personal property and tools and equipment, whether owned, non-owned, or hired. Contractor waives all right of recovery or subroga�on against LAWA regardless of cause of damage.

10.3.9. Self-Insurance. LAWA recognizes that some insurance requirements contained in this Contract may be fulfilled by self-insurance on the part of the Contractor. Self-insurance shall not in any way limit liabili�es assumed by Contractor under this Contract including

LAWA Special Insurance Provisions, Page 7 of 2 (Version 11/2023) but not limited to naming LAWA as an addi�onal insured and waiving rights of recovery.

Any self-insurance shall be approved in wri�ng by LAWA upon sa�sfactory evidence of financial capacity. Contractor obliga�on hereunder may be sa�sfied in whole or in part by adequately funded self-insurance programs or self-insured reten�ons.

10.3.10. Subcontractors Insurance. Contractor shall require insurance of its subcontractors for the types and coverage limits appropriate for the exposure in consulta�on with LAWA. In no event shall the insurance required of the Contractor be reduced or altered by the coverage maintained by subcontractors.