1-Basic Insurance Requirements Updated 7.14.26.pdf

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Revised 10/26/2022

Insurance Requirements

Harford County, Maryland

Basic Insurance Requirements

The coverage required below will not be limited by any other provisions in the contract documents or elsewhere.

Contractor must comply and cause all sub-contractors of any level to comply, with the following minimum insurance requirements.

Minimum limits required:

Commercial General Liability:

Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 General Aggregate Limit $2,000,000

Products/Completed Operations Aggregate Limit $2,000,000

Damage to Premises Rented to You $500,000 Medical Expense Limit $10,000

ISO form CG 00 01 or equivalent

Aggregate limit to apply per project/per location

Coverage must be on Occurrence form, covering liability for all ongoing ad completed operations of the Contractor, including ongoing and completed operations under all Subcontracts. "Claims Made" is not acceptable.

Additional Insured Entities: Harford County, Maryland and its elected or appointed officials, related entities and employees must be named as

Additional Insured

Additional Insured Endorsement Form Required:

CG 20 10 Additional Insured-Owners, Lessees or Contractors (Premises/Operations)

AND

CG 20 37 Additional Insured-Owners, Lessees or

Contractors (Products / Completed Operations) No other forms are acceptable unless equivalent to CG 20 10 and CG 20 37. Both endorsements are required and edition date of 11-85; where available.

If not available, then edition dates of 10-01 are acceptable.

Coverage may not exclude or limit coverage for:

a) If applicable, coverage for work performed on single or multi-family housing (residential construction);

b) Cross liability exclusions except Named Insured vs.

Named Insured;

c) Exclusions for the Contractor’s scope of work;

d) Explosion, Collapse and Underground;

e) Contractual Liability (beyond standard ISO GL form);

f) The Employers’ Liability exclusion may not exclude coverage for an employee of “any” insured, only employees of a “Named” Insured.

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Commercial Auto Liability: ISO form CA 00 01 or equivalent

$1,000,000 Each Accident (bodily injury, death or property damage)

Includes owned, hired, borrowed and non-owned vehicles and equipment used by the Contractor. This insurance shall also be endorsed to include coverage for claims under the Motor Carrier Act of 1980 (e.g., MCS-90 endorsement) resulting from the transportation of materials identified as hazardous during the performance of the work or services and ISO form CA 99 48 Pollution

Liability for spills, upsets and overturns while in transport, where applicable.

Additional Insured Entities: Harford County, Maryland and its elected or appointed officials, related entities and employees must be named as Additional Insured

Workers Compensation: Statutory Benefits as required by law

Employers Liability Limits:

Bodily Injury by Accident - Each Accident $100,000 Bodily Injury by Disease - Policy Limit $500,000 Bodily Injury by Disease - Each Employee $100,000

The policy (ies) shall include “other states” coverage.

Coverage shall be provided by the Contractor whether or not such party utilizes some or all of its own employees, leased employees, temporary employees or other labor services, and shall include voluntary compensation coverage and, where the Contractor has leased employees, alternate employer endorsement, and occupational disease coverage shall be included for the injuries or claims thereunder of such employees.

Waiver of Subrogation endorsement in favor of Harford County, Maryland and its elected or appointed officials, related entities and employees.

Commercial Umbrella: Coverage to be as broad as primary including Additional Insured as required hereunder

Each Occurrence and in the Aggregate $1,000,000 Each Occurrence

$1,000,000 Aggregate

Providing Coverage following the form of the underlying Employers’ Liability, Commercial General Liability, and Commercial Automobile Liability Policies.

Additional Insured Entities: Harford County, Maryland and its elected or appointed officials, related entities and employees must be named as Additional Insured

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Third Party Crime (Client Coverage): $250,000 per occurrence

Policy to cover dishonest acts of Contractor’s employees, which result in a loss to the County.

Contractor's Property Insurance Under no circumstances will Harford County, Maryland be liable for any loss or damage to any property.

Property Insurance must include: All owned and rented equipment and tools, including employee tools, used for the work

Perils: Special Form perils including Theft

Deductible no higher than $1,000

Valuation: Replacement Cost

Contractor waives any claims and rights of recovery against Harford County, Maryland and it’s elected or appointed officials, related entities and employees.

ADDITIONAL REQUIREMENTS

1. All policies must be written with insurers maintaining an A.M. Best Rating of A-IX or better and admitted to do business in the State where the contract is to be performed.

2. Where applicable, all requirements in the Prime contract are required to be met in addition to these requirements. Where conflicts exist, the greater requirement shall apply.

3. General Liability coverage for Premises & Operations and Products & Completed Operations is to be maintained throughout the project and maintenance phases. Evidence of such insurance must be provided at inception of the contract, and annually thereafter during the project and maintenance phases.

4. The additional insured coverage shall apply to both ongoing and completed operations.

5. All coverage required in this contract, with the exception of Worker’s Compensation, must be primary and non-contributory to any insurance maintained by Harford County, Maryland. “Primary and non-contributory” in this clause means that Contractor’s policies must provide coverage before any other applicable policy of insurance, deductible or self-insured retention program maintained by Harford County, Maryland without seeking contribution from other insurance carried by Harford County, Maryland and its elected or appointed officials, related entities and employees.

6. No deductible or self-insured retention shall apply to any insurance required hereunder without the express written consent of Harford County, Maryland. Should Harford County, Maryland agree to a deductible or self-insured retention, Contractor agrees to be responsible for defense, including all claims and investigation expenses and any loss payments to the extent coverage would have been provided by the insurer had no deductible or self-insured retention applied to such insurance. Harford County, Maryland may provide express written consent for a deductible or self-insured retention at the County’s discretion, if requested by the Contractor prior to any project work beginning.

7. Each policy must be endorsed to require at least 30 days’ notice of cancellation (10 days for non-payment of premium) to Harford County, Maryland. If, after reasonable effort, Contractor is unable to secure such endorsement, Contractor must provide Harford County, Maryland written notice of any cancellation within 3 working days of any written or oral notice of such cancellation.

8. Contractor waives all rights against Harford County, Maryland to the extent of any insurance carried or required to be carried under this agreement. Policies of insurance must be endorsed, as needed, to provide such waivers. Such waivers will be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable

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9. These requirements apply to all work done at any time in connection with or related to this project including any warranty, rework or additional work performed following the completion of this contract, except that the products and completed operations coverage under the Commercial General Liability and coverage under the Professional Liability insurance shall be maintained (or if applicable, an Extended Reporting Period shall be obtained) throughout the statute of repose, following final completion of the work.

10. Neither failure to monitor compliance with these requirements nor failure to identify a deficiency from evidence provided will be considered a waiver of such requirements.

11. Failure to obtain and to keep in force any of the required insurance coverage shall be deemed sufficient cause for termination of this contract for default.

12. Contractor's or Subcontractors’ liability shall not be limited to the limits of any required insurance.

13. Harford County, Maryland shall not be liable for payment of any premiums under any required policies of insurance.

14. Harford County, Maryland reserves the right to require complete copies of all required insurance policies at any time. If requested, copies must be furnished within 10 working days from the date of the request.

15. All subcontractors will be required to comply with the above requirements and insurance coverage as well. It is the Contractor responsibility to obtain certificates from Subcontractors as evidence of compliance, and all shall include Harford County, Maryland and its elected or appointed officials, related entities and employees as an Additional Insured. However, limits required may be lower at the discretion of Harford County, Maryland or the Contractor.

16. The contractor shall comply with and qualify under current Workers’ Compensation laws and at all times cause every Subcontractor who shall be engaged in the work, to comply with and qualify under such laws.

17. The Contractor shall save the County harmless against loss or damage arising from the Contractor’s failure to comply with and qualify under such laws.

18. The Contractor agrees that if, by any reason of its failure, or failure of any such Subcontractor to comply with and qualify under said laws, the County shall be required at any time to pay any sum because any employee of Contractor or Subcontractor is or shall be considered as the employee of the County as provided in such Workers’ Compensation laws, the Contractor shall repay to the County such sums paid by the County.

19. Evidence satisfactory to the County that the Contractor and each of its Subcontractors have qualified under the Workers’ Compensation laws shall be submitted prior to the commencement of the work contemplated.

20. Policies for Commercial General Liability insurance must be written to protect the Contractor against claims arising from operations of Subcontractors.

21. In all cases, Certificates of Insurance shall be forwarded to the County. The County shall be listed for notification in event of cancellation. Certificates must be submitted along with the signed Contract.

22. In the event the Contractor enters into subcontract for the work to be performed, it shall be the obligation of Contractor to require the Subcontractor maintain all insurances specified in the Contract, in like form and amount, and to include Harford County, Maryland and its elected or appointed officials, related entities and employees to be named additional insured under Subcontractor’s liability policies.

All policies of Subcontractor shall be primary and non-contributory, with the exception of the Workers’ Compensation, to any coverage or self-insurance program available to the County and shall include waiver of each insurer’s rights of subrogation in favor of the County.

23. Contractors or Subcontractors may at their own cost and expense obtain additional insurance to that which is required by the County under this Contract.

24. To the fullest extent permitted by law, the Contractor agrees to indemnify and save harmless Harford County, Maryland, from any and all losses, liabilities, damages, costs and expenses (including cost of defense, settlement, and reasonable attorney’s fees), which the County may hereafter incur or be responsible for or pay for (to the extent that the same arises out of or are in connection with providing goods or services) as a result of bodily injuries (including death) to any one person or damage

(including loss of use) to any property caused by the negligence or wrongful acts of the Contractor (or any of his employees) or any person, firm or corporation (or any employees thereof) directly or indirectly employed or engaged by the Contractor.

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25. Contractor or subcontractor shall give prompt notice to Harford County, Maryland in the event of any accident or occurrence on the premises or related in any way to this contract

26. Limits required may be purchased in any combination of primary and excess to achieve the required total limits.

DOCUMENTATION TO BE SUBMITTED PRIOR TO THE START OF THE WORK AND AT EACH INSURANCE

RENEWAL OR REPLACEMENT UNTIL INSURANCE IS NO LONGER REQUIRED

a. Certificates of Insurance, Certificate Holder must read:

Harford County, Maryland

220 South Main Street

Bel Air, MD 21014

b. Contract Number shall be referenced in the Description of Operations

c. Copy of Additional Insured endorsement(s)

d. Copy of Waiver of Subrogation endorsement on Workers Compensation policy

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