LUA_Insurance_Guide.pdf
PDF 768 KB Posted
- Attached to
- P2025302 - Yuba Grazing
- Solicitation number
- 0000038731
- Issued by
- Sonoma County, California
About this file
This is an insurance documentation guide issued by the California Department of Fish and Wildlife (CDFW) Business Management Branch on May 16, 2018, establishing requirements for insurance documentation related to Land Use Agreements. The guide addresses requirements for permits and leases on CDFW-managed properties and specifies the mandatory insurance elements that awardees must provide for ORIM (Office of Risk and Insurance Management) approval prior to executing any Land Use Agreement. The guide does not establish specific response dates, due dates, or award dates, but rather serves as an instructional reference document to ensure bidders and programs understand and comply with five key insurance documentation elements required for agreement execution.
The insurance requirements outlined in the guide include: (1) a Certificate of Liability Insurance with minimum coverage limits of $1,000,000 for each occurrence in Commercial General Liability (or Farm Liability), $300,000 for Damage to Rented Premises, and $3,000,000 for General Aggregate, plus $1,000,000 Combined Single Limit for Automobile Liability and $1,000,000 for Workers Compensation and Employer's Liability; (2) a Primary and Noncontributory Endorsement making the awardee's insurance primary to any state insurance; (3) Additional Insured Endorsements for both Commercial General Liability (or Farm Liability) and Automobile Liability naming the State of California, its officers, agents, and employees as additional insureds; (4) a Waiver of Subrogation for Workers' Compensation in favor of the State, or alternatively a signed Workers' Compensation Insurance Waiver Letter for awardees without employees; and (5) all insurers must be rated at least A-/FSC Class VII by A.M. Best Company. The Certificate of Liability Insurance must name CDFW as certificate holder at a CDFW regional office address and identify the permit or lease number in the description of operations area.
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Other files
| File | Type | Posted |
|---|---|---|
| P2025302_YUBA_IFB_FINAL_001.pdf | ||
| Sample_DFW587.pdf |
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Text version
Land Use Agreements: Guide to Insurance Documentation Requirements May 16, 2018
Department of Fish and Wildlife
Business Management Branch 1
Land Use Agreements:
Guide to Insurance Documentation Requirements
Contents
Overview of Land Use Agreement Insurance Documentation Element 1: Certificate of Liability Insurance (sample on next page)
Element 2: Primary and Noncontributory Endorsement Elements 3 and 4: Additional Insured Endorsements Element 5: Waiver of Subrogation Element 5: Workers’ Comp Insurance Waiver Letter: Business Entity Awardee
Element 5: Workers’ Comp Insurance Waiver Letter: Individual, No Business Name . 8
Overview of Land Use Agreement Insurance Documentation
The execution of any Land Use Agreement is contingent upon approval of the awardee’s insurance documentation. Approval is determined by the insurance experts of the Department of General Services Office of Risk and Insurance Management (ORIM). This guide is provided to help programs and bidders understand and meet the insurance documentation requirements that drive ORIM’s approval.
Land Use Agreement insurance documentation that ORIM reviews typically includes five elements:
1. Certificate of Liability Insurance (COI)
2. Primary and Noncontributory Endorsement
3. Additional Insured Endorsement for either Commercial General Liability or Farm
Liability
4. Additional Insured Endorsement for Automobile Liability
5. Either a Waiver of Subrogation (for Workers’ Compensation) in favor of the
State, or a Workers’ Compensation Insurance Waiver Letter
Our explanations of the five required elements are specific. Our document samples, however, are only generally informative, because we understand that some of the documents insurers provide to us might not have the exact appearance or structure as our samples; for example, there might be separate Commercial General and Automobile providers and COIs, or, different Additional Insured Endorsements might be combined onto one Additional Insureds document.
Programs, contact the Land Use Agreements analyst in BMB if you have any questions.
Bidders, contact your CDFW program contact if you have questions.
Department of Fish and Wildlife
Business Management Branch 2
Element 1: Certificate of Liability Insurance (sample on next page)
Document is dated and Broker/Producer contact information is provided.
The name of the “insured” must be EXACTLY as it appears on the Certification Form from their bid/proposal
The Insurer(s) affording coverage must be rated at least A--/FSC Class VII by A.M. Best Company.
The document is signed (usually on the bottom) Commercial General Liability
Policy number and effective and expiration dates are filled in. Confirm the commencement date falls within these dates.
There is a check mark in additional insured
Limit for “Each Occurrence” matches the permit/lease (min $1,000,000)
Limit for Damage to Rented Premises (former: Fire Legal) matches permit/lease (min $300,000)
Limit for General Aggregate matches the permit/lease (min $3,000,000) NOTE: Farm Liability may be used in place of Commercial General; however if the insurance carrier cannot meet the Aggregate (min of $3,000,000) an Excess/Umbrella liability in the amount is acceptable.
Automobile Liability
Policy number and effective and expiration dates are filled in. Confirm the commencement date falls within these dates.
There is a check mark in additional insured
There is a check mark in “all owned autos”, “hired autos” and “non-owned autos” OR a mark in “any autos”
Limit for “Combined Single Limit for each accident” matches the permit/lease (min $1,000,000)
Workers Compensation and Employer’s Liability
Policy number and effective and expiration dates are filled in. Confirm the commencement date falls within these dates.
Limit for “Each Accident” matches the permit/lease (min $1,000,000) NOTE: If a Permittee/Lessee does not have any employees, they can waive Workers Comp Insurance by providing of signed Workers Compensation Waiver letter. See Element 4 for a sample Waiver Letter.
Description of Operations Area
Permit or Lease number is identified in this area.
Naming CDFW as additional insured in this area will not replace the required Additional Insured Endorsement Documents.
Certificate Holder Area
This area must indicate a Fish and Wildlife as the holder and the address must be a CDFW location. Regional offices are OK.
Naming CDFW as additional insured in this area will not replace the required Additional Insured Endorsement Documents.
http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=60166&URatingId=2566328&bl=0&AltSrc=9&PPP=&AltNum=0&Ext_User=&Ext_Misc=
Department of Fish and Wildlife
Business Management Branch 3
Department of Fish and Wildlife
Business Management Branch 4
Element 2: Primary and Noncontributory Endorsement
This element responds to Section 21(h) of the Agreement, which states:
(h) Primary Clause: Any required insurance contained in this Permit shall be primary, and not excess or contributory, to any other insurance carried by the State.
The wording above and the sample Endorsement below, were provided by our Department of General Services Office of Risk and Insurance Management (ORIM).
Department of Fish and Wildlife
Business Management Branch 5
Elements 3 and 4: Additional Insured Endorsements
For ORIM approval, the Additional Insured on the COI will not replace the required Additional Insured Endorsement Documents.
for Commercial General Liability
Insurer is identified and matches the insurer name on the certificate
Policy number matches the number of the certificate
Shows the “State of California, its officers, agents, and employees” as additional insureds insofar as the operations under this Permit or Lease are concerned
Document must be signed.
NOTE: If Farm Liability is used in place of Commercial General an additional insured endorsement for Farm Liability must be provided. The information above applies to Farm Liability as well.
for Automobile Liability Insurer is identified and matches the insurer name on the certificate
Policy number matches the number of the certificate
Shows the “State of California, its officers, agents, and employees” as additional insureds insofar as the operations under this Permit or Lease are concerned
Document must be signed.
Department of Fish and Wildlife
Business Management Branch 6
Element 5: Waiver of Subrogation
Waiver of Subrogation in favor of the State for Workers’ Compensation
Insurer is identified and matches the insurer name on the certificate
Policy number matches the number of the certificate
Document must be signed.
or
Workers’ Compensation Insurance Waiver Letter
(See next page for examples)
Department of Fish and Wildlife
Business Management Branch 7
Element 5: Workers’ Compensation Insurance Waiver Letter:
Business Entity Awardee
Submit a workers’ compensation insurance waiver letter with your other insurance documentation, if you don’t have employees engaged in the performance of activities under this Permit.
Create the letter on your letterhead stock.
If you are an individual awardee, and not using a business name other than your name, use the “Individual Awardee” example shown on the next page.
Letterhead
Authorized Signer’s Name Business name as it appears on the Award Street address City, State, Zip Code
January 20, 2017
Re: Workers Compensation
To Whom it May Concern:
Please note that Business name as it appears on the Award will have no employees engaged in the performance of activities under this Permit Permit number. Because of this, Business name as it appears on the Award is not required to have workers' compensation insurance, and has elected to not have that insurance.
Should Business name as it appears on the Award choose to engage employees in the performance of activities under this Permit in the future, Business name as it appears on the Award will, in compliance with California Labor Code, obtain appropriate workers' compensation insurance prior to any such engagement.
Sincerely, Authorized Signer’s Signature
Business Title
Department of Fish and Wildlife
Business Management Branch 8
Element 5: Workers’ Compensation Insurance Waiver Letter:
Individual Awardee, No Other Business Name
Submit a workers’ compensation insurance waiver letter with your other insurance documentation, if you don’t have employees engaged in the performance of activities under this Permit.
Create the letter on your letterhead stock.
If you are a business entity use the “Business Entity Awardee” example on the prior page.
Letterhead
Awardee’s name as it appears on the Award Street address City, State, Zip Code
January 20, 2017
Re: Workers Compensation
To Whom it May Concern:
Please note that I, Awardee’s name as it appears on the Award, will have no employees engaged in the performance of activities under this Permit Permit number. Because of this, I am not required to have workers' compensation insurance, and have elected to not have that insurance.
Should I choose to engage employees in the performance of activities under this Permit in the future, I will, in compliance with California Labor Code, obtain appropriate workers' compensation insurance prior to any such engagement.
Sincerely, Signature of Awardee
| Overview of Land Use Agreement Insurance Documentation |
| Element 1: Certificate of Liability Insurance (sample on next page) |
| Element 2: Primary and Noncontributory Endorsement |
| Elements 3 and 4: Additional Insured Endorsements |
| Element 5: Waiver of Subrogation |
| Element 5: Workers’ Compensation Insurance Waiver Letter: Business Entity Awardee |
| Element 5: Workers’ Compensation Insurance Waiver Letter: Individual Awardee, No Other Business Name |
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