2026-RFP-146-00_73_16-PCSPW-Insurance_Requirements.pdf

Division 00 - Procurement and Contracting Requirements Insurance Requirements

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1.01 CONTRACTOR'S INSURANCE

A. Within the time stated in the Intent to Award, the Contractor shall file with Pierce County Procurement and Contract Services, Certificates of Insurance and Endorsements acceptable to the County meeting the requirements of the Contract (specific insurance coverage limits are set forth below). Thereafter, renewal Certificates of Insurance and Endorsements shall only be filed upon request by Pierce County and within five (5) business days, unless otherwise specified. Coverage shall be maintained without interruption from the commencement of the Contractor’s Work until Final Acceptance, or for such longer time as required by the Contract. Each policy obtained by Contractor shall be endorsed to provide County with 45 days notice of material changes to or cancellation of such policy.

B. If the scope of Work is significantly expanded, or if the aggregate limits on any of the Contractor’s policies are eroded, the County may require Contractor to obtain additional coverage or reinstate eroded coverage. If the need for additional coverage is due to the fault of the Contractor or any of its Subcontractors, the Contractor shall be responsible for the cost of such additional coverage or any of its Subcontractors coverage. The Contractor shall provide proof of additional insurance required because of changed Work (Change Orders).

C. Review of Contractor’s insurance by County shall not relieve or decrease the duty of the Contractor to comply with the requirements of the Contract Documents.

D. Nothing contained within these provisions shall affect and/or alter the application of any other provision within this agreement.

1.02 WAIVER OF SUBROGATION

A. The Contractor waives all rights against the County, County’s consultants, or any separate contractors, and their agents and employees, for damages caused by fire or other perils to the extent such damage cost is actually paid by property insurance applicable to the Work.

The Contractor shall require similar waivers from all Subcontractors. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies.

1.03 EVIDENCE OF INSURANCE.

A. The Contractor shall furnish the County with Certificates of Insurance and endorsements required by this Contract in one (1) compiled PDF. All evidences of insurance must be certified by a properly authorized officer, agent, general agent or qualified representative of the insurer(s) and shall certify the name of the insured, the type and amount of insurance, the location and operations to which the insurance applies, the expiration date of the policy.

The Contractor shall, upon request of Pierce County, make available to Pierce County, in Pierce County, certified copies of all such policies of insurance required in this Contract.

Failure to provide such policies of insurance within a time acceptable to Pierce County shall entitle Pierce County to suspend or terminate the Contractor’s work hereunder. Suspension or termination of this Contract shall not relieve the Contractor from its insurance obligation hereunder.

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B. All subcontractors shall be required to include the County and Contractor as additional insureds on all Liability policies except Workers’ Compensation and Professional Liability Errors and Omissions.

1.04 MINIMUM SCOPE AND LIMITS OF INSURANCE.

A. The Contractor shall obtain and maintain the minimum insurance set forth below. By requiring such minimum insurance, Pierce County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor, or that of any subcontractor, under this Contract. The Contractor and its subcontractor(s) shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage.

Any provision in any Contractor, or subcontractor, insurance policy that restricts scope of coverage or available limits of liability to those specified in a written agreement or contract shall not apply.

B. Each insurance policy shall be written on an “occurrence” form; excepting that insurance for professional liability, errors and omissions when required, may be acceptable on a “claims made” form. If coverage is approved and purchased on a “claims made” basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of completion of the work which is the subject of this Contract. All insurance written on a “claims made” form must have its retroactive date be no later than the effective date of the Contract or when the Work begins. Insurance coverage shall be at least as broad as stated below and with limits no less than:

1. General Liability. $1,000,000.00 combined single limit per occurrence, and for those policies with aggregate limits, a $2,000,000.00 aggregate limit. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01, or its substantive equivalent, covering COMMERCIAL GENERAL LIABILITY. Such insurance shall include coverage for, but not limited to, premises liability, ongoing operations, contractual liability, products and completed operations. Such limits may be satisfied with the use of an umbrella or excess liability policy, which is at least as broad as the underlying policy.

a. A per project aggregate must apply to the General Liability Policy.

2. Professional Liability Errors and Omissions. $1,000,000.00 per claim/aggregate. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require Professional services, Professional Liability Errors and Omissions shall be provided prior to contract execution.

3. Automobile Liability. $1,000,000.00 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as Insurance Services Office form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 “any auto”; or the combination of symbols 2, 8, and 9. Such limits may be satisfied with the use of an umbrella or excess liability policy, which is at least as broad as the underlying policy. If the work involves the transport of pollutants (as defined by the standard auto policy exclusion of pollution) the auto policy shall be endorsed to include endorsement CA 9948 (or its equivalent) and MCS 90.

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4. Workers’ Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or “other States” State Law.

5. Employer’s Liability or “Stop Gap”. Coverage in the amount of $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the general liability policy.

1.05 DEDUCTIBLES/SELF-INSURED RETENTIONS.

A. Any deductibles and/or self-insured retentions of the policies shall not limit or apply to the

Contractor’s liability to the County and shall be the sole responsibility of the Contractor or its subcontractor(s).

1.06 OTHER INSURANCE PROVISIONS.

A. The insurance policies required in this Contract are to contain and be endorsed to contain the following provisions:

1. With respect to all Liability Policies except Professional Liability and Workers Compensation:

a. The County, its officers, officials, employees, agents, and representatives are to be covered as additional insureds, for full policy limits, as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. Additional Insured status shall include Products-Completed Operations- CG 20 10 11/85 or its substantive equivalent.

b. The Contractor’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, agents, and representatives. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, agents and representatives shall not contribute with the Contractor’s insurance or benefit the Contractor in any way.

c. The Contractor’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability.

d. Contractor’s Protection and Indemnity (to include Jones Act), Marine Employer’s Liability, and Marine Pollution Liability Insurance shall waive all rights of subrogation against the County.

1.07 ACCEPTABILITY OF INSURERS.

A. Unless otherwise approved by the County:

1. Insurance is to be placed with insurers with a Best’s rating of no less than A:VIII, or, if not rated with Best’s, with minimum surpluses the equivalent of Best’s surplus size VIII.

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2. Professional Liability, Errors and Omissions insurance may be placed with insurers with a Best’s rating of B+; VII.

B. If at any time the foregoing required policies shall fail to meet the above minimum requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval.

1.08 SUBCONTRACTORS.

A. The Contractor shall include all subcontractors as insured under its policies, or, alternatively, the Contractor must require each of its subcontractors to procure and maintain appropriate and reasonable insurance coverage and minimum insurance limits to cover each of the subcontractor’s liabilities given the scope of work and the services being provided herein. All liability insurance policies (except Professional Liability and Workers’ Compensation) provided by the subcontractor(s) must include the County, its officers, officials, agents and employees as additional insured, for full policy limits. Contractor is obligated to require and verify that all subcontractors maintain insurance and ensure that the County is included as additional insured. Upon request, and within five (5) business days, Contractor must provide evidence of subcontractor insurance coverage (including endorsements) to the County.

1.09 JOB SITE SAFETY.

A. The Contractor shall have the “right to control” and bear the sole responsibility for the job site conditions, and job site safety. The Contractor shall comply with all applicable federal, state, and local safety regulations governing the job site, employees and subcontractors. The Contractor shall be responsible for subcontractor’s compliance with these provisions.

END OF SECTION

B. If at any time the foregoing required policies shall fail to meet the above minimum requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appr...