1-Appendix F.pdf

APPENDIX F Page 1 of 6 Standard_Appendices(AppendixF) 6/00;Rev.7/11;Rev.12/11, rev 10/17; rev 6/18; 6/19

INSURANCE

Before the contract is awarded, and unless otherwise approved by the County of Delaware’s

(hereinafter referred to as the ‘County’) representative in writing, the Contractor/Provider shall, at its sole cost and expense, procure the following minimum types and limits of insurance, on forms reasonably acceptable to the County. Such insurance shall be maintained in full force and effect until completion of the Services or final acceptance of the entire Project or the completion of all post-acceptance warranty or related work by Contractor/Provider, whichever is later.

Coverage shall be obtained from reputable insurance carriers authorized to transact that class of business in the state where the work will be performed, or otherwise acceptable to the County, having an A.M. Best Rating of A- VII or better.

All insurance required herein shall be written on an “occurrence” basis, not “claims-made”, with the exception of Professional Liability insurance, unless specifically approved by the County in writing.

The County of Delaware reserves the right to grant exception(s) to specific contractors with respect to the requirements herein, if deemed reasonable and if determined that such exception(s) are in the best interests of the County.

1. General Liability:

Commercial General Liability, written on an occurrence basis, covering bodily injury including death, and/or property damage to third parties, which may arise from ongoing and completed operations under the contract, whether such operations are performed by the

Contractor/Provider or its subcontractors/subconsultants, anyone directly or indirectly employed by them, or anyone for whom they may be liable, with limits not less than:

Each Occurrence $1,000,000

Personal and Advertising Injury $1,000,000

Products/Completed Operations Aggregate $2,000,000

Per Project Aggregate $2,000,000

Damage to Rented Premises $ 50,000

Medical Payments $ 10,000

Abuse/Molestation (if applicable to services provided) $1,000,000

The General Liability policy shall include contractual liability, covering liability assumed by the Contractor/Provider under the Indemnification and other provisions of the contract.

Any deductible under this coverage is subject to the County’s approval, and shall be the sole responsibility of the Contractor/Provider.

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2. Business Automobile Liability:

Business Automobile Liability coverage for bodily injury and property damage arising out of the ownership, maintenance, or use of owned, non-owned, hired, and leased vehicles, including uninsured/underinsured motorists coverage, with limits not less than:

Combined Single Limit $ 1,000,000

Uninsured/Underinsured Motorists Liability Limit $ 1,000,000

3. Workers’ Compensation and Employers Liability

Workers’ Compensation and Employers Liability as required by the state in which the work will be performed, including “other states” coverage (if applicable), and USL&H and Jones

Act coverage (if applicable), with limits not less than:

Workers’ Compensation Statutory

Bodily Injury, each Employee $500,000

Bodily Injury, each Accident $500,000

Disease, each Employee $500,000

If Contractor/Provider is an exempt self-insurer, sole proprietor, or independent contractor in

Pennsylvania, a current exemption certificate shall be provided in lieu of evidence of

Workers’ Compensation coverage.

4. Umbrella Liability

Umbrella Liability applying excess of the General Liability, Automobile Liability, and

Employers Liability policies, on a following-form basis, with limits not less than:

Each Occurrence $5,000,000

Aggregate $5,000,000

Hazardous work may require higher limits, as requested by the County.

5. All Risk Builders Risk (if applicable)

All Risk (Special Form) Builders Risk insurance, including Earthquake and Flood to the extent reasonably commercially available, providing protection for building, structures, and materials or equipment to be installed in the project, while in the course of construction, in transit to the project site, and while being retained in off-site storage.

The Builders Risk policy shall be written to cover 100% of the completed value of the project, at replacement cost valuation, with an agreed amount provision (coinsurance waived).

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Any deductible under this coverage shall be no more than $25,000 and shall be the sole responsibility of the Contractor.

The policy shall cover the insurable interests of the County, Contractor and Subcontractors in the Work. The County and Contractor waive all rights against each other for damages caused by fire or other perils to the extent payment is actually made under insurance provided under this paragraph, except such rights as they may have to the proceeds of such insurance held by the County. The Contractor shall require similar waivers by Subcontractors.

The County will procure such Builders Risk coverage in compliance with the above provisions, subject to information contained in Appendix 1, which shall be provided by

Contractor following award of the bid.

6. Professional Liability/Errors & Omissions Insurance (if applicable)

All Contractors/Providers who will perform, or retain others to perform, professional services in connection with the work (including but not limited to Consultants, Architects, Engineers, Design-Build, Project/Construction Managers) shall provide Professional Liability insurance covering negligent acts, errors, or omissions in the performance of their work, with limits not less than:

Each Claim $3,000,000

Annual Aggregate $3,000,000

7. Cyber Insurance

Provider shall maintain, at its own expense throughout the Term, cyber liability insurance coverage or a cyber liability insurance rider in the Errors and Omissions policy providing privacy response coverage and third party liability coverage covering Provider for claims, losses, liabilities, judgements, settlements, lawsuits, regulatory actions, and other costs or damages arising out of its performance under this Agreement, including any negligent or otherwise wrongful acts or omissions by Provider or any employee or agent thereof in such amounts and on such terms as are reasonably acceptable to Client, but in no event less than the following: $3,000,000. This includes, but is not limited to: any breach of any law or regulation governing confidentiality of PHI (as defined under HIPAA) and Personal

Information (as defined under the PA Act). Upon request, Provider shall furnish Client, upon request, as evidence of coverage, a certificate of insurance for Cyber Liability and/or Errors and Omissions insurance. Provider shall not cancel or reduce any such insurance without prior written consent of Client. Provider shall notify Client in writing within five business days if it receives notice that its insurance carrier intends to terminate, cancel, non-renew or rescind cyber liability insurance or errors and omissions insurance.

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8. Contractors Pollution Liability (if applicable)

All Contractors who will perform environmental services (including but not limited to asbestos or lead abatement, testing or remediation) shall provide Contractors Pollution

Liability with limits not less than:

Each Claim or Occurrence $5,000,000

Annual Aggregate $5,000,000

The Contractors Pollution Liability policy shall include coverage for Emergency

Response Costs, Contingent Transportation, Non-Owned Disposal Sites, and Natural

Resource Damage. If coverage is written on a claims-made basis, an Extended Reporting

Period, or tail coverage, shall be provided for two (2) years following completion of the insured’s services. In the alternative, the Contractors Pollution Liability policy shall be renewed for not less than two years following completion. The policy retroactive date shall be no later than the effective date of this Agreement.

9. Performance & Other Bonds

Contractor shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all

Contractor’s obligations.

Contractor shall furnish a Maintenance Bond in an amount equal to ten percent (10%) of the Contract including Change Orders. This Maintenance Bond shall be effective for a period of one (1) year following the date established by the certificate of Substantial

Completion.

All Bonds shall be executed by such Sureties as (i) are licensed to conduct business in the state where the Project is located, and (ii) are named in the current list of "Companies

Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as

Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit

Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act and the Surety's financial statement.

If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the

Project is located, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to County.

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General Insurance Provisions

All policies required hereunder other than Workers Compensation, Professional Liability, and

Builders Risk shall name the County of Delaware, and its departments, county offices or agencies as applicable, and their officers, directors, agents, employees, and volunteers as additional insureds on a primary and noncontributory basis, for losses arising from the negligence of the Contractor/Provider or its subcontractors, or anyone for whom they may be liable. Additional insured status shall apply to Completed Operations.

All policies shall provide a Waiver of Subrogation in favor of the County of Delaware, and its departments, county offices or agencies as applicable, and their officers, directors, agents, employees, and volunteers, and/or other parties designated by the County.

Policies shall not be canceled, terminated, or non-renewed unless sixty (60) days prior written notice is sent by the insurer to the insured Contractor/Provider. Contractor/Provider shall immediately forward any such notice to County.

Contractor/Provider shall furnish to County Certificates of Insurance prior to the start of work, evidencing that all requirements have been met, and detailing the insurers providing coverage, types and limits of coverage, class of operations covered, and effective and expiration dates of coverage. Certificates shall specifically confirm the terms of coverage required herein, including

Additional Insured status, waiver of subrogation, and that coverage is included for

Abuse/Molestation (if applicable). A copy of the Additional Insured, Waiver of Subrogation, and

Abuse/Molestation policy provisions or endorsements must be submitted with the Certificate. A renewal Certificate must be provided to County prior to the expiration date thereof.

Subcontractor/Subconsultants

Contractor/Provider shall require each subcontractor or subconsultant to provide insurance as outlined above. Such policies shall name the County of Delaware and its departments, offices, and agencies; Contractor/Provider; and the officers, directors, employees, agents, and volunteers of both, as additional insureds on a primary/noncontributory basis, for losses arising from the negligence of the subcontractor/subconsultant. Additional insured status shall apply to

Completed Operations.

All policies shall provide a Waiver of Subrogation in favor of the Additional Insured parties.

Contractor/Provider shall be responsible for securing and maintaining certificates of insurance from all subcontractors/subconsultants evidencing the insurance coverages required herein.

The insurance coverages and limits required herein are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for

Contractor/Provider or its subcontractors/subconsultants. Meeting these minimum requirements shall in no way limit or relieve the Contractor/Provider liability and obligations under any other provision of the Contract. The Contractor/Provider shall acquire, APPENDIX F Page 6 of 6 at its own expense, any other Additional Insurance coverage it deems necessary for the protection of its work under this contract.

Self-Insurance

If Contractor/Provider maintains a self-insured program or a limited self-insurance program for any or all of the coverages listed above, a complete description of the program, with information on excess carriers and funding arrangements, and a copy of the Provider’s most recent audited financial statement, must be provided to County for review and approval, such approval not to be unreasonably withheld.

If County grants such approval, Contractor/Provider understands and agrees that the County of

Delaware, county offices or agencies as applicable, and their officers, directors, agents, employees, and volunteers shall receive the same coverages and benefits under

Contractor/Provider’s self-insurance program that they would have received had the insurance requirements set forth above been satisfied with coverage provided by a commercial insurance company.

Non-Waiver of Indemnification

The insurance (including self-insurance) requirements set forth herein are not intended and shall not be construed to modify, limit, or reduce the indemnifications required of

Contractor/Provider, nor to limit Contractor/Provider’s liability under this contract to the limits of the policies of insurance (or self-insurance) required to be maintained by Contractor/Provider hereunder.