Submitting Proof of Insurance to the City of Los Angeles Harbor Department
SUBMITTING PROOF OF INSURANCE
The following are important and helpful information on insurance compliance, applicable to any Contract with the Port of Los Angeles. It is suggested that this information be shared with your insurance broker.
CONTACT US
Please direct all questions regarding insurance, to Risk Management at (310) 732-3758 or contact the insurance administrator listed under the specified contract types below:
Agreements
Yolanda Brown
(310) 732-7733
Construction Specifications
Jennifer Reyes
(310) 732-3783
Film Permits
Marie Gutierrez
(310) 732-3837
Permits / Revocable Permits / Berthing / Space Assignments (A-M)
Michael Skalski
(310) 732-3759
Permits / Revocable Permits / Berthing / Space Assignments (N-Z)
Chrizelle Quevedo
(310) 732-3762
Purchase Orders
Marie Gutierrez
(310) 732-3837
Darrelle Pan (back-up)
(310) 732-3972
Temporary Entry User Permit
Chrizelle Quevedo
(310) 732-3762
Special Events
Jennifer Reyes
(310) 732-3783
Please be advised that evidence of insurance can be submitted at the time of proposal or application. However, a letter from the company’s insurance broker will suffice during the bidding and application phase. This letter should state that the broker has reviewed the insurance requirements and documents of the RFP or application, and can confirm that the company will be able to comply with the insurance requirements should the company be awarded the contract. This letter should be attached to and submitted with the company’s proposal or application.
Please note: This request pertains only to long term contracts of no less than one year, thereby excluding temporary contracts such as Special Events, Film Permits, One-Time Purchase Orders, and Temporary Entry & Use Permits (TEUPs).
General Information
WHEN TO SUBMIT INSURANCE
The contracting company, tenant, vendor or film/photography company shall submit insurance following written notice of award from the division responsible for managing their contract. No work, film activity, occupancy or temporary use of property may begin until insurance has been submitted and approved by the Risk Management Division. Therefore, insurance should be submitted as early as practicable.
Insurance shall be submitted to any of the following:
Postal Mail
Port of Los Angeles
Risk Management Division
425 S. Palos Verdes Street
San Pedro, CA 90731
Email
polariskmgmt@portla.org
Fax
(310) 833-8230
INSURANCE REQUIREMENTS
The insurance requirements and examples of insurance endorsement forms for the contract will be provided in the RFP packet, tenant application, or Notice of Intent to Award packet.
ALTERNATIVE PROGRAMS / SELF-INSURANCE
Risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs are subject to separate approval after the Chief Financial Officer of the Harbor Department has reviewed financial statements of the contracting company.
Service Providers & Artisan Tradesman Activities (S.P.A.R.T.A.) Insurance Program
S.P.A.R.T.A. is designed to provide Commercial General Liability, Professional Liability and Non-owned Automobile Liability coverage to tradesmen, artisans, contractors and tenants who would not otherwise be able to provide the insurance limits needed to successfully bid and compete for Public Entity business opportunities. For additional information please see the S.P.A.R.T.A. brochure.
Phone
1-800-420-0555
Administrative Requirements
CALIFORNIA LICENSEE
All insurance must be provided by an insurer admitted to do business in California or written through a California-licensed surplus line broker. Non-admitted coverage must contain a Service of Suit clause in which the underwriters agree to submit as necessary to the jurisdiction of a California court in the event of a coverage dispute. Service of process for this purpose must be allowed upon an agent in California designated by the insurer or upon the California Insurance Commissioner.
AGGREGATE LIMITS / IMPAIRMENT
If any of the required insurance coverages contain annual aggregate limits, the contracting company must give the City of Los Angeles Harbor Department notice of any pending claim or lawsuit which may diminish the aggregate. The contracting company must take steps to restore the impaired aggregate or provide placement insurance protection. The City of Los Angeles Harbor Department has the option to specify the minimum acceptable aggregate limit for each line of coverage required. No substantial reductions in scope of coverage which may affect City of Los Angeles Harbor Department’s protection are allowed without City of Los Angeles Harbor Department’s prior written contract.
SIGNATURE
All submissions shall bear a wet signature or rubber stamp signature of the person with authority to bind coverage, such as an insurance broker or underwriter. Initials by others are not acceptable.
Policy Conditions
ADDITIONAL INSURED / LOSS PAYEE
The City of Los Angeles Harbor Department, its officers, agents, and employees must be included as additional insureds in applicable liability policies to cover the City of Los Angeles Harbor Department’s vicarious liability for the acts or omissions of the named insured. Such coverage is not expected to respond to the active negligence of the City of Los Angeles Harbor Department. The City of Los Angeles Harbor Department is to be named a Loss Payee As Its Interests May Appear in property insurance in which the City of Los Angeles Harbor Department has an interest, e.g., as a lien holder.
NOTICE OF CANCELLATION
By terms of the contract, the contracting company agrees to maintain all required insurance in full force for the duration of the contractor’s business with the City of Los Angeles Harbor Department. Each contractually required insurance policy 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 90731.
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.
Procedures
ACCEPTABLE EVIDENCE AND APPROVAL
City of Los Angeles Harbor Department Special Endorsement forms completed by the contractor’s insurance company or its designee are the preferred forms of evidence of insurance. (Note: The City of Los Angeles Harbor Department forms are acceptable to the California Department of Insurance from any insurance carrier). Altered or modified changes to our forms may not be accepted. Please use the “Other Conditions” section of the forms for any pertinent information such as important exclusions, specific provisions or scheduled locations/equipment. Additional pages may be attached for this purpose as well, however please make note of it in the box. An acceptable alternative to the Special Endorsement form is a certified copy of the full insurance policy which contains a 30-day cancellation notice (or 10 days notice with non payment of premium) provision and additional-insured or loss-payee status, when appropriate, for the City of Los Angeles Harbor Department, submitted on a separate endorsement (CG2010 or equivalent) specifically naming the City of Los Angeles Harbor Department, its officers, agents and employees as additional insureds. Binders and Cover Notes are also acceptable as interim evidence for up to 90 days. However, non-binding documents such as broker letters are not acceptable as stand-alone evidence of coverage. Certificates of Insurance are acceptable provided that it contains a 30-day cancellation notice provision and additional-insured or loss-payee status, when appropriate, for the City of Los Angeles Harbor Department submitted on a separate endorsement (CG2010 or equivalent) specifically naming the City of Los Angeles Harbor Department, its officers, agents and employees as additional insureds.
RENEWAL
When an existing policy is timely renewed, you are encouraged to submit a signed renewal endorsement or Certificate of Insurance as soon as it is available. All renewals must continue to meet the policy conditions listed above. As a courtesy, Risk Management sends notifications of expiring or expired insurance. However, it is the responsibility of the contracting company to ensure evidence of insurance remains effective for the duration of the contract.
Coverage Information
The following coverages may be required based on the contract’s scope of services, level of risk, or occupancy type. Additional coverage may be required if necessary. (For coverages with an *, please refer to previous section, Policy Conditions, Additional Insured/Loss Payee).Dollar limits of required insurance are set by statute of ordinance, or when there is no specific amount required by law; limits are based on the amount of risk to the City of Los Angeles Harbor Department from the contractor’s activities.
GENERAL LIABILITY*
Insurance covering your operations (and products, where applicable) is required whenever the City of Los Angeles Harbor Department is at risk of third party claims which may arise out of your work or presence on City of Los Angeles Harbor Department premises. Contractual Liability coverage is a required inclusion that covers liability of the insured assumed in a contract. Premises-Operations coverage is a required inclusion that covers liability for injury or damage arising out of the insured’s premises or out of the insured’s business operations while such operation is in progress. Products-completed operations coverage is a required inclusion that encompasses liability arising out of the insured’s products or business operations conducted away from the insured’s premises once those operations have been completed or abandoned. Independent Contractors is coverage for an individual or company who has signed an agreement with another party to perform some job or function on behalf of that party without the direction or oversight of the party. Personal Injury is a category of insurable offenses that produce harm other than bodily injury, such as, false arrest, detention, imprisonment, malicious prosecution, wrongful eviction, slander, libel, and invasion of privacy. Broad Form Property Damage is liability exposure by risk of loss to property in a contractor’s care, custody, or control, or on which contracted operations are being performed.
AUTOMOBILE LIABILITY*
Insurance required only where vehicles are used in performing the work of your contract or where they are driven off-road on City of Los Angeles Harbor Department premises; it is not required for simple commuting unless City of Los Angeles Harbor Department is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.
ERRORS AND OMISSIONS
Insurance form that protects the insured against liability for committing an error or omission in performance of professional duties under contractual agreement with the City of Los Angeles Harbor Department. Generally, such policies are designed to cover financial losses rather than liability for bodily injury and property damage. Coverage will be specified on a project-by-project basis if you are working as a licensed professional. The length of the claims discovery period required will vary with the circumstances of the individual job.
WOKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY
These coverages are not required for single-person contractors. However, under state law these coverages must be provided if you have any employees at any time during the period of this contract. Waiver of Subrogation on the coverage is required only for jobs where your employees are working on City of Los Angeles Harbor Department premises under hazardous conditions, e.g., uneven terrain, scaffolding, caustic chemicals, toxic materials, power tools, water areas or vessels and watercrafts, etc.
PROPERTY INSURANCE
Required for persons having exclusive use of premises or equipment owned or controlled by the City of Los Angeles Harbor Department. Fire Legal Liability is required for persons occupying a portion of City of Los Angeles Harbor Department premises.
OCEAN MARINE LIABILITY*
Insurance covering the transportation of goods and/or merchandise by vessels crossing both foreign and domestic waters including any inland or aviation transit associated with the shipment within the jurisdiction of the City of Los Angels Harbor Department. This type of marine insurance also encompasses coverage for damage to the vessels involved in shipments and any legal liability arising in the course of shipment.
PROTECTION AND INDEMNITY (P&I) INSURANCE
Liability insurance for practically all maritime liability associated with the operation of a vessel under the jurisdiction of the City of Los Angeles Harbor Department, other than covered under a workers compensation policy and under the collision clause in a hull policy.
JONES ACT (MERCHANT MARINE ACT OF 1920)
Provides seamen with a negligence remedy for on-the-job injury under the jurisdiction of the City of Los Angeles Harbor Department without having to overcome employer defenses of assumption of the risk or fellow servant liability. Contributory negligence of the employee does not bar recovery, but recovery is reduced by the proportion of negligence attributable to the employee. Employers can obtain coverage under a standard workers’ compensation policy by purchasing a maritime coverage endorsement.
U.S. LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT (USL&H)
This is required only when activities are in or over the water, as well as, on the docks, piers and wharves. This is a federal law that provides no-fault workers compensation benefits to employees other than masters or crew members of a vessel injured in maritime employment under the jurisdiction of the City of Los Angeles Harbor Department – generally, in loading, unloading, repairing, or building a vessel. Employers can obtain coverage under a standard workers compensation policy by purchasing an LHWCA coverage endorsement.
RAILROAD PROTECTIVE LIABILITY
Insurance coverage protecting a railroad under the jurisdiction of the City of Los Angeles Harbor Department from liability it incurs because of the work of contractors on or near the railroad right-of-way, dead or alive, within 50 feet.
The railroad exclusion must be deleted from the corresponding General Liability policy.
LIQUOR LIABILITY*
Common law liability imposed on those selling alcoholic beverages under the jurisdiction and property of the City of Los Angeles Harbor Department.
CHARTERERS’ LEGAL LIABILITY*
A type of marine insurance designed to provide coverage for the liabilities including those of care, custody, and control assumed by a party chartering a vessel when the vessel’s operation remains under the control of the vessel’s owner while being used under the jurisdiction of the City of Los Angeles Harbor Department.
PROFESSIONAL LIABILITY
Coverage designed to protect traditional professionals (e.g., physicians) and quasi-professionals (e.g., real estate brokers) against liability incurred as a result of errors and omissions in performing professional services under contractual agreement with the City of Los Angeles Harbor Department.
POLLUTION LIABILITY OR ENVIRONMENTAL IMPAIRMENT LIABILITY*
Insurance coverage for liabilities or claims caused by contamination of an environment by substances regarded as pollutants and sometimes clean-up costs associated with pollution.
FIRE LEGAL LIABILITY
Coverage of a tenant’s liability for damage by fire to the rented premises the tenant occupies within the jurisdiction of the City of Los Angeles Harbor Department.
AVIATION / AIRCRAFT LIABILITY*
Insurance coverage that protects employees and passengers of a company or other insured personnel against liabilities or injuries, and property damage caused by operation of an aircraft under the jurisdiction of the City of Los Angeles Harbor Department.
City of Los Angeles Risk Management Links
Chief Administrative Office (CAO) Risk Management
http://cao.lacity.org/risk/
Los Angeles Department Water and Power (LADWP) Risk Management
http://www.ladwp.com/ladwp/cms/ladwp005363.jsp
Los Angeles World Airports (LAWA) Risk Management
http://www.lawa.org/welcome_LAWA.aspx?id=630
Insurance Forms
Additional Insured Endorsement - Sample
Certificate of Liability Insurance
Insurance Guidelines for Film Permits
Special Insurance Endorsement
Wellness Events
Employee Appreciation Days
Join the City of LA Harbor Department’s Risk Management team in promoting healthy living to our employees during an Employee Appreciation Day. The Risk Management section will be coordinating semi-annual Employee Appreciation Days that focus on educating our employees on topics such as stress management and medical & dental health.
Tentative dates for 2010 Employee Appreciation Days are as follows:
If your company is interested in offering free on-site health screenings or services for our employees, please submit a completed Employee Appreciation Day Questionnaire to Chrizelle Quevedo via fax (310-732-3758) or email (CQuevedo@portla.org).
Click here for an Adobe Fill-in form of the questionnaire. Please keep in mind that there will be no compensation from the City of Los Angeles Harbor Department in exchange for any services and/or screenings provided by participating companies.
Annual Employee Health Fair
The Risk Management team coordinates an annual employee health fair to educate our employees on wellness and healthy living. The 2010 health fair will be on Wednesday, September 29, and will be held in an outdoor setting. If your company would like to participate as a vendor in this year’s health fair, please complete a vendor registration form and return it to the following address with your applicable registration fees:
425 S. Palos Verdes Street
San Pedro, CA 90731
Attn: Risk Management / Health Fair
Click here for an Adobe fill-in form of the registration form. Please keep in mind that there will be no compensation from the City of Los Angeles Harbor Department in exchange for any services and/or screenings provided by participating companies.
For questions or concerns regarding our annual health fairs, please contact the Risk Management Section at 310-732-3758 or via email to polariskmgmt@portla.org. |
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