5-3. BCHA Exhibit A Ins Requirements - Willoughby Phase 2A 2B – GC RFP.pdf

Risk Management

1325 Pearl Street• Boulder, Colorado 80302 • 303.441.3801

Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.gov •

Entry:1949

EXHIBIT A Insurance Requirements

Contract Name: Willoughby Phase 2A & 2B – GC RFP Oracle Number (Amendments):

Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this Exhibit A at all times during the term of this contract unless a longer term is specified. A subcontractor for purposes of this Exhibit A is defined as any person or legal entity, other than the Contractor or its employees, that provides any service to assist in completing the Work.

All insurance policies required by this Contract shall be by insurance companies satisfactory to the County. Contractor is responsible for ensuring any subcontractor that provides any service to complete the Work also obtains the insurance required in paragraph 8 of this Exhibit A.

1. Proof of Insurance (Certificate of Insurance): Contractor must provide a current and valid

Certificate of Insurance to the County for each type of insurance listed in paragraph 8, below. Contractor must provide an updated Certificate of Insurance on an annual basis, at or near the time of policy renewal. Contractor shall send Certificates of Insurance directly to the County Contact Name and Email listed under “County Information” in the

Contract Summary. A certificate of insurance showing compliant CCIP and Builders Risk coverage must be received no later than 30 days prior to the date that construction will begin.

2. Boulder County Housing Authority and Boulder County as Additional Insured: Boulder

County Housing Authority and Boulder County shall be named as an additional insured for the following coverages when listed in paragraph 8 below: General Liability, Umbrella/Excess Liability, and Pollution Liability, as designated in this Contract. Boulder

County Housing Authority and Boulder County as an additional insured shall be endorsed to the policy in the form of a named additional insured endorsement or blanket additional insured endorsement.

THE ADDITIONAL INSURED WORDING SHOULD BE AS FOLLOWS:

Housing Authority of the County of Boulder, Colorado, a public body, corporate and politic; County of Boulder, State of Colorado, a body corporate and politic; Willoughby Corner Multifamily LLLP, A Colorado limited liability partnership, Willoughby Corner Seniors LLLP, A Colorado Limited Liability Partnership, Willoughby Corner Property Owners Association Inc.

are named as Additional Insured including ongoing and completed operations. Coverage is primary and non-contributory, waiver of subrogation applies

3. Notice of Cancellation: Each insurance policy required by this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days’ prior written notice has been given to the County except when cancellation is for non-payment of premium, then ten (10) days’ prior notice may be given. If any insurance company refuses to provide the required notice, Contractor or its insurance broker shall notify the County any cancellation, suspension, or nonrenewal of any insurance policy within seven (7) days of receipt of insurers’ notification to that effect.

4. Insurance Obligations of County: County is not required to maintain or procure any insurance coverage beyond the coverage maintained by the County in its standard course of business. Any insurance obligations placed on the County by Contractor in any of the

Contract Documents shall be null and void.

5. Deductible: Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor.

6. Primacy of Coverage: Coverage required of Contractor and each Subcontractor, if any, shall be primary and noncontributory over any insurance or self-insurance program carried by the County.

7. Subrogation Waiver: All insurance policies secured or maintained by Contractor or

Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against the Board of

County Commissioners, the Elected Offices of the County, the County itself, and all

County officers, agents, employees, and volunteers.

8. Requirements: Contractor is required to comply with any insurance obligations set forth by any other government or agency providing funding for Contractor’s Work under this

Contract. In addition, for the entire duration of this Contract including any extended or renewed terms, Contractor and all subcontractors must procure and maintain at its own expense, and without cost to the County, the following kinds and minimum amounts of insurance:

Insurance Requirements are subject to change to the extent required by third-party lenders, investors or other stakeholders as a condition to their participation in, or approval of, this project.

Commercial General Liability

Coverage should be provided on an Occurrence form, ISO CG0001 or equivalent. The policy shall be endorsed to include Additional Insured Owners, Lessees or Contractors endorsements CG 2038 (or equivalent), Designated Construction Project(s) General Aggregate Endorsement CG2503 (or equivalent) and Additional Insured Completed Operations for Owners, Lessees or Contractors CG 2037 (or equivalent). Minimum limits required of $2,000,000 Each Occurrence, $2,000,000 General Aggregate and $2,000,000 Products/Completed Operations Aggregate. The County requires the Products/Completed Operations coverage to be provided 3 years after completion of construction. An endorsement must be included with the certificate.

Workers' Compensation and Employer's Liability

Workers’ Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of $100,000 Each Accident/$500,000 Disease-Policy Limit/$100,000 Disease-Each Employee.

Umbrella / Excess Insurance

Umbrella/Excess Liability insurance in the amount $3,000,000.00, following form.

Professional Liability (Errors and Omissions)

Professional liability coverage with minimum limits of $1,000,000 Per Loss and $1,000,000 Aggregate. Professional Liability provisions indemnifying for loss and expense resulting from errors, omission, mistakes or malpractice is acceptable and may be written on a claims-made basis. The contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

Contractors Pollution Liability (CPL)

Coverage pay for those sums the Contractor becomes legally obligated to pay as damages because of Bodily Injury, Property Damage or environmental Damage arising out of a pollution incident caused by the Contractor’s work including Completed Operations. Contractors Pollution Liability (CPL) coverage shall expressly include pollution conditions arising out of work performed by or on behalf of insured, including work performed by subcontractors of any tier, and shall not contain any exclusion or limitation for subcontractor-performed work. Coverage shall include emergency response expenses, pollution liability during transportation (if applicable) and at Non-Owned Waste Disposal Site (if applicable). The Minimum limits required are $3,000,000 Per Occurrence/Loss and $3,000,000 Policy Aggregate.

If the coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. County shall be named as an additional insured for ongoing operations and completed operations.

Builders Risk/Property Coverage - During the course of construction

A certificate of insurance showing compliant Builders Risk coverage must be submitted and approved no later than 30 days prior to the start of any and all construction activities.

A completed value special perils policy form shall be provided by the Contractor on behalf of the Owner and the Contractor(s). Such policy shall include sub limits for transit and off-site storage to protect the interests of the Owner, General Contractor and subcontractors, against the risk of loss or damage to the Work during construction at the Project Site. Such policy will include a waiver of subrogation in favor of Owner, General Contractor and subcontractors.

It shall be the sole responsibility of Contractor to secure Builders Risk coverage with a named insured (insurance policy owner) that includes Contractor and the Owner(s). Owner(s) shall be able to view, approve or reject the Builder’s Risk policy prior to issuance of the policy.

Builders Risk Coverage will include property coverage at a limit of 100% to value of all materials, supplies, and equipment that are intended for specific installation in the project while such materials, supplies, and equipment are located at the project site, in transit, or while temporarily located away from the project site for the purpose of repair, adjustment, or storage at the risk of one of the insured parties, however the subcontractor shall be responsible to carry adequate insurance for materials stored at their owned or leased premises and non-project dedicated locations.

This insurance will not include any other personal property, tools or clothing of workers or any tools, equipment, protective fencing, scaffolding, and equipment owned, rented, or used by subcontractor and used in the performance of the Work. Subcontractor waives any rights of recovery from Owner, Contractor, and/or the CCIP policies insurers. This exclusion shall not apply to formwork, shoring, false work, and temporary buildings, as long as the same are not owned and insured outside the CCIP by the subcontractor or are damaged due to a covered peril.

If during the project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the project, or if after final payment property insurance is to be provided on the completed project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights of subrogation for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise.

Contractor Controlled Insurance Program (CCIP) (WRAP)

A certificate of insurance showing compliant CCIP coverage must be submitted and approved no later than 30 days prior to the start of any and all construction activities.

The Contractor shall procure and maintain, at its sole cost and expense, a Contractor- Controlled Insurance Program (“CCIP”) specifically for the Work to be performed under this Agreement. The Contractor shall be solely responsible for obtaining the CCIP, and for all associated costs, premiums, deductibles, and administrative expenses.

CCIP shall name both the Owner and the Contractor as named insureds on the CCIP policy.

CCIP shall include at a minimum the following coverages and limits:

Commercial General Liability Insurance (CCIP)

$2,000,000 Bodily Injury and Property Damage – Combined Single Limit Per Occurrence $2,000,000 General Aggregate (Annual/Project) $2,000,000 Completed Operations Aggregate $2,000,000 Personal and Advertising Injury

The policy limits are shared by all Contractors / subcontractors enrolled in the CCIP and are exclusive to this project.

The commercial general liability policy shall be part of the CCIP, and shall include, but shall not be limited to a standard commercial general liability insurance policy or equivalent, including bodily injury, property damage, personal injury and completed operations covering operations at the project Site for Contractor and enrolled subcontractors shall be provided.

An eight (8) year extension (the earlier of 8 years or the period of statute of repose and limitations) of the completed operations liability coverage will begin upon the earlier of expiration of the commercial general liability policy or as otherwise triggered by the policy language. This insurance will not extend products liability coverage for any product manufactured away from the project Site.

General Contractor will be responsible for repayment of any deductible for bodily injury or property damage up to the total per occurrence deductible of a maximum $50,000 or less, to the extent loss costs (including allocated loss adjustment expense) payable are attributable to its acts or the acts of its subcontractors, or any other entity or person for whom it may be responsible.

To the extent losses covered and payable under the CCIP arise out of, or are the responsibility, of the General Contractor's subcontractor(s) of any tier, General Contractor may seek contribution from those subcontractor(s) in an amount equal to the self-insured retention or deductible amount under the subcontractor's own conventional general liability insurance policy in effect at the time of enrollment into the CCIP, but in no case may the General Contractor collectively collect more than the total per occurrence deductible for the occurrence which is the contractual responsibility of the General Contractor.

Excess Liability Insurance (CCIP)

Excess Liability Insurance with minimum limits of $8,000,000 Each Occurrence $8,000,000 Policy Aggregate $8,000,000 Products / Completed Operations $8,000,000 Personal and Advertising Injury

The policy limits are shared by all Contractors / subcontractors enrolled in the CCIP and are exclusive to this project. Coverage is in excess of the primary commercial general liability.

Such excess liability insurance will be primary and non-contributory as to any other excess insurance the parties hereto may have in force. An eight (8) year-extension (the earlier of 8 years or the period of statute of repose and limitations) of the completed operations liability coverage will begin upon the earlier of expiration of the commercial general liability policy or as otherwise triggered by the policy language. This insurance will not extend products liability coverage for any product manufactured away from the project site.

The excess liability policy(s) includes exclusions applicable to the primary commercial general liability policy, and further may carry additional exclusions. The actual exclusions are set forth in the excess CCIP policies of the carrier(s).

Limits outlined above may be satisfied in various combinations with an Umbrella/excess policy(ies).

Workers Compensation Coverage (CCIP)

Statutory Workers Compensation Coverage as required by the State of Colorado for all covered employees and Employers Liability Coverage with minimum limits of not less than:

$100,000 each accident for bodily injury by accident;

$100,000 each employee for bodily injury by disease;

$500,000 policy limit for bodily injury by disease.

The policy limits are shared by all Contractors / subcontractors enrolled in the CCIP and are exclusive to this Project.