EXHIBIT I - INSURANCE REQUIREMENTS.pdf

EXHIBIT I – INSURANCE REQUIREMENTS

Pollution Risk

Contractor shall procure and maintain for the duration of the contract insurance against claims for bodily injury, personal injury, or property damage which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.

MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG0001)

2. Insurance Services Office form number CA0001 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Contractor’s Pollution Liability

MINIMUM LIMITS OF INSURANCE

Contractor shall maintain limits no less than:

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, the general aggregate limit shall be twice the required occurrence limit or $2,000,000. Products/Completed Operations aggregate shall apply separately to this contract/agreement or the aggregate limit shall be twice the required per occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage covering Insurance Services Office (ISO) Form CA 00 01, Code 1 (any auto). The policy must be specifically endorsed to include ISO Endorsement CA 99 48 and a Federal MCS-90 Endorsement for the transportation of hazardous materials.

3. Workers’ Compensation to comply with California’s statutory requirements.

Employer's Liability$1,000,000 minimum limit

4. Contractor’s Pollution with minimum limits of $1,000,000. Coverage is to remain in effect at least two (2) years after completion of project.

OTHER INSURANCE PROVISIONS

The insurance policies required per the terms of the contract are to contain, or be endorsed to contain, the following provisions:

1. LACMTA, its subsidiaries, officials and employees are to be covered as additional insureds as respects liability arising out of the 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 general liability coverage shall also include contractual, personal injury, independent contractors and broad form property damage liability. The coverage shall contain no special limitations on the scope of protection afforded to LACMTA, its subsidiaries, officials and employees.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects LACMTA, its subsidiaries, officials and employees. Any insurance or self-insurance maintained by LACMTA 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 LACMTA, its subsidiaries, officials and employees.

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, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to LACMTA.

6. Workers’ Compensation and Employer’s Liability policies shall provide a waiver of subrogation in favor of LACMTA.

7. When hazardous materials are to be transported onto Metro property, an MCS 90 Endorsement and a CA99 48 Endorsement shall be attached to the automobile liability insurance policy and minimum limits of $1,000,000 will be required.

8. Contractor’s Pollution insurance shall be continued, and evidence provided to LACMTA, for two years following the expiration of the contract or, tail coverage provided for two years in the event of cancellation or non-renewal and shall be endorsed to include Non-Owned Disposal Site Coverage

(NODS).

DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductibles or self-insured retentions must be declared to, and amounts over $25,000 approved by LACMTA.

ACCEPTABILITY OF INSURERS

Insurance is to be placed with California admitted insurers with a current A.M.

Best’s rating of no less than A- VII, unless otherwise approved by LACMTA.

VERIFICATION OF COVERAGE

Contractor shall furnish LACMTA with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by LACMTA before work commences. If requested by LACMTA, the Contractor shall submit copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

SUBCONTRACTORS

Contractor must ensure any and all subcontractors performing services under the Contract are appropriately insured. Prime shall serve as repository of all Subcontractor insurance. LACMTA retains the right to obtain copies of evidence of Subcontractor insurance coverage at any time.