00828 DBB Insurance _ 2023 10 24.pdf

Section 00828 Insurance

(ACCGov Standard Insurance Requirements 01/08/2023, with Project Specific Limits)

1.01 General

A. The following general requirements apply to any and all Work under this Contract.

Compliance is required by all Contractors and Sub-contractors of any tier. The Owner reserves the right to adjust or waive any or all requirements based on receipt of additional information pertinent to this Contract.

B. Evidence of Insurance Required Before Work Begins: No Contractor or Subcontractor shall commence any work of any kind under this Contract until all Insurance requirements contained in this Contract have been complied with as outlined below, and until evidence of such compliance satisfactory to the Owner as to form and content, has been filed with the Owner. The Acord Certificate of Insurance or a pre-approved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

C. Minimum Financial Security Requirements

1. Any and all companies providing insurance required by this Contract must meet certain minimum financial security requirements set forth below. These requirements conform to the ratings published by A.M. Best & Co. in the current Best's Key Rating Guide - Property-Casualty. The ratings for each company must be indicated on the Acord Certificate of Insurance Form. For all Contracts, regardless of size, companies providing insurance under this Contract must have a current:

a. Best's Rating not less that A -, and current; and

b. Best's Financial Size Category not less than Class VII.

c. Companies must be authorized to conduct and transact insurance contracts by the Insurance Commissioner, State of Georgia.

2. If the issuing company does not meet these minimum requirements, or for any other reason shall be or become unsatisfactory to the Owner, written notification shall be mailed by the Owner to the Contractor who shall promptly obtain a new policy issued by an insurer acceptable to the Owner, and shall submit evidence of the same to the Owner as required herein.

3. Upon failure of the Contractor to furnish, deliver and maintain such insurance as herein provided, this Contract, at the election of the Owner, may be declared forthwith suspended, discontinued or terminated. Failure of the Contractor take out or to maintain any required insurance shall not relieve the Contractor from any liability under the Contract, nor shall these requirements be construed to conflict with the obligation of the Contractor concerning indemnification.

D. Insurance Required for Duration of Contract: Unless a longer period is provided in this

Section 00828 (Insurance), any insurance required by this Contract shall be maintained during the entire length of this Contract, including any extensions thereto, and until all Work has been completed to the satisfaction of the Owner. The Owner shall have the

00828 - 2 right to inquire into the adequacy of the insurance coverages set forth in this Contract and to negotiate such adjustments as reasonably appear necessary.

E. The Contractor shall submit to the Owner, along with the Insurance Certificates, a copy of the insurer’s cancellation notice for any and all insurance policies required by the Contract. Contractor will provide Notice of Cancellation Endorsements indicating that all insurance required hereunder will not expire or be canceled or materially changed until sixty days after written notice has been provided to Owner and each additional insured.

F. Additional Insureds: The Owner, Engineer, and Design Professional shall be covered as

Additional Insured under any insurance required by this Contract, and such insurance shall be primary with respect to the Additional Named Insured and on a non-contributory basis. Confirmation of this shall appear on the Acord Certificate of Insurance (including but not limited to additional insured endorsements CG 2010 07 04 and CG 20 37 07 04 for General Liability Insurance), and on any and all applicable insurance policy forms and endorsements. However, this requirement does not apply to Workers' Compensation. (Endorsements: See Section 1.02, Paragraph B). Include the following parties or entities as additional insured:

1. The Unified Government of Athens-Clarke County, 301 College Avenue, Athens, Georgia 30601

2. Classic Center Authority for Athens-Clarke County

3. Jacobs Project Management Company (JPM Co.) (C/O SPLOST Program

Management, 301 College Avenue, Athens, Georgia 30601)

4. Impact Development Management, LLC (C/O SPLOST Program Management, 301 College Avenue, Athens, Georgia 30601)

5. Design Professional(s) as named in the Agreement

G. Mandatory Subcontractor Compliance: Contractor shall incorporate a copy of these

Insurance requirements in each and every contract with each and every Subcontractor of any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain Insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

H. Authorization and Licensing of Agent

1. Each and every agent acting as Authorized Representative on behalf of a

Company affording coverage under this Contract shall warrant, when signing the Accord Certificate of Insurance, that specific authorization has been granted by the Companies for the agent to bind coverage as required and to execute the Accord Certificate of Insurance as evidence of such coverage; that the coverage required by the Owner may be broader than the original policies; and that these requirements have been conveyed to the Companies, which acknowledge and assent to these terms and conditions.

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2. In addition, each and every agent shall warrant when signing the Acord Certificate of Insurance that the agent is licensed to do business in the State of Georgia and that the Company or Companies are currently in good standing in the State of Georgia.

1.02 Evidence of Coverage

A. Contractor shall deliver to Owner at the time of execution of the Agreement, with copies to each additional insured, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) that Contractor is required to purchase and maintain. Contractor shall deliver to the Owner at the time of execution of the Contract, with copies to each additional insured, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) for Builder's Risk, Property Insurance, and Pollution Liability.

B. Copies of endorsements showing the Unified Government of Athens Clarke County and each additional insured identified herein have been added to the policies as additional insureds, primary and non-contributory endorsements and notices of cancellation on each policy shall be attached to each of the certificates.

C. Insurance certificates must specifically show coverage applies for contractual liability for Contractor’s indemnity obligations set forth in the General Conditions.

D. In addition to the requirement for the policy limits specified below, the applicable insurance certificate must show that the entire aggregate policy limits for general liability and excess and umbrella liability coverage that will apply specifically for this Project.

E. Each insurance certificate for all coverages other than Worker’s Compensation

Insurance must show that a waiver of rights of recovery against any of the insured or the additional insured is in effect.

F. Certificate for Contractor’s liability insurance must show coverage of claims for damages because of bodily injury, sickness or death of any person or property damage resulting from the Ownership, maintenance or use of mobile equipment.

G. Each insurance certificate must show coverage is underwritten with an insurance carrier who is rated no less than the Minimum Financial Security Requirements provided above.

H. Certificate for Worker’s Compensation Insurance/Employers Liability Insurance must show coverage includes executive officers and Contractor’s leased employees, temporary staff and part-time employees.

I. Owner may waive specific insurance coverages set forth in Paragraph 5.04 if

Contractor provides equivalent insurance coverage by way of a different combination of policies.

1.03 Coverages and Limits

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A. The Contractor shall provide all coverages listed below.

B. Workers' Compensation and Employer's Liability Insurance: The Contractor shall procure and maintain Workers' Compensation and Employer's Liability Insurance in the following limits, such insurance to cover each employee who is or may be engaged in work under the Contract:

Workers' Compensation - Statutory

Workers' Compensation/Employers Liability

$1,000,000.00 Accident;

$1,000,000.00 Disease;

$1,000,000.00 Policy Limit. Construction vendors must carry WC coverage

C. Commercial General Liability Insurance: The Contractor shall procure and shall maintain during the life of the Contract Agreement, such Commercial General Liability and Broad Form Property Damage Insurance as shall protect Contractor and any Subcontractor performing Work covered by this Contract from claims for damages for bodily injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract, whether such operations are by the Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of insurance shall not be less than the following:

General Liability

$2,000,000.00 General Aggregate, $1,000,000.00 per occurrence, $2,000,000.00 Completed Operations Aggregate*, $1,000,000.00 Personal/Advertising Injury

*Completed Operations coverage extending for not less than three years after the completion of Work and Acceptance by the Owner.

The insurance shall include coverage of the following hazards:

Underground Explosion/Collapse

NOTE: For the purpose of insurance coverage, each detonation of blasting is a single occurrence.

Contractor may provide General Liability and Employer’s Liability with lower limits, provided that the Umbrella/Excess Liability Insurance Limits are increased such that the total of the basic limits and umbrella/excess limits remain the same or higher. The insurance limits provided above for Commercial General Liability Insurance required under this Section 1.03(C) will be dedicated solely to the Project.

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D. Owner’s Protective Liability: Deleted.

E. Excess Liability: Provide Excess Liability or Umbrella insurance providing protection for at least the hazards insured under the primary liability policies with the following limits:

Umbrella/Excess $2,000,000.00 Per occurrence

The insurance limits provided above for Excess Liability Insurance required under this

Section 1.03(E) will be dedicated solely to the Project and will extend for eight years after Substantial Completion of the Project.

F. Automobile Liability: The Contractor shall procure and maintain during the life of the

Contract Agreement, Commercial Automobile Liability Insurance. The insurance shall include coverage for owned, non-owned and hired vehicles. Amounts shall not be less than the following:

Automobile $1,000,000.00 Per accident including hired and non-owned coverage *

G. Deleted.

H. Builder's Risk: The Contractor shall secure all-risk type of builder’s risk insurance covering work performed under the Contract and materials, equipment, or other items to be incorporated therein, while the same are in transit or are located at the construction site, stored off-site, or stored at the place of manufacture. The amount of such insurance shall at all times be equal to 100 percent of the value of the contract work. The policy shall cover not less than losses due to fire, smoke, explosion, hail, lightning, water damage, windstorm, named or unnamed storm, flood, earthquake, vandalism, malicious mischief, collapse, or aircraft, until the date of the final acceptance of the Work. The policy shall not exclude coverage for materials, building, property not being weathertight or weather protected. Deductible for land movement and water damage shall not exceed 5 percent of the values at risk at the time of the loss, subject to a minimum deductible of $250,000 per occurrence.

I. Contractor’s Equipment Insurance: The Contractor shall obtain “All Risk” Property

Insurance for the Contractor’s tools, personal property, or equipment (including rail or conveyor systems, ventilation systems, office trailers, and other equipment that will not become part of the final completed work and is not covered in another insurance policy required for this project) whether owned, rented, or leased.

J. Pollution Liability Insurance: Contractor shall maintain Pollution Liability Insurance on an occurrence basis with limits of no less than $5,000,000 each occurrence and $5,000,000 aggregate. Coverage shall be extended to include third-party bodily injury and property damage claims including clean-up costs involving any actual or alleged contaminated of hazardous materials. Coverage shall be extended to cover transportation, off-site disposal sites, and natural resources.

K. Deductibles and Self-Insured Retention: Any deductibles or self-insured retentions will be borne by the Contractor. All deductibles or self-insured retentions must be declared

00828 - 6 to and approved by the Owner. At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. The costs of implementation of such option will be addressed by a change order.

L. The Contractor is responsible for losses within the deductible limits.

M. Railroad Insurance: Deleted

END OF SECTION