8-08 - Insurance Requirements.pdf

INSURANCE REQUIREMENTS

GENERAL CONTRACTS FOR SERVICES

Service work, supplies requiring installation, Janitorial Services, Welding, Surveyors, Plumbing Contractors, Maintenance Agreements, Concessionaires, Tire Repairs, Tow Service, Painting, Electrical, Movers, Major street repairs and Waterline projects, etc.

Vendor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the vendor's bid.

A. MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 (10

01 ). "Claims Made" form is unacceptable.

2. Workers' Compensation insurance as required by the Labor Code of the State of Texas, including Employers' Liability Insurance.

3. Automobile Liability - as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. Coverage not required for delivery services.

B. MINIMUM LIMITS OF INSURANCE

Vendor shall maintain limits throughout contract not less than:

1. Commercial General Liability: $500,000 per occurrence/$1,000,000 aggregate for bodily injury, personal injury and property damage. Policy will include coverage for:

a. Premises - Operations

b. Broad Form Contractual Liability

c. Products and Completed Operations

d. Personal Injury

e. Broad Form Property Damage

f. If applicable, Explosion Collapse and Underground (XCU) Coverage, Fire Damage, and

Medical Expense.

NOTE: The aggregate loss limit applies to each project.

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2. Workers’ Compensation and Employer’ s Liability: Workers’ Compensation Statutory limits as required by the Labor Code of the State of Texas and Employer’ s Liability minimum limits of

500,000 per injury, $500,000 per occurrence, and $500,000 per occupational disease.

3. Automobile Liability - $500,000 Combined Single Limit. Limits can only be reduced if approved by the HR Director or designee.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductible or self-insured retentions must be declared to and approved by the City.

D. OTHER INSURANCE PROVISIONS

The policies are to contain, or be endorsed to contain the following provisions:

1. General Liability and Automobile Liability Coverages

a. The City, its officers, officials, employees, Boards and Commissions and volunteers are to be added as “ Additional Insured” as respects liability arising out of activities performed by or on behalf of the vendor, products and completed operations of the vendor, premises owned, occupied or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. It is understood that the business auto policy under “ Who is an Insured” automatically provides liability coverage in favor of the City. The coverage shall include defense of claims against the City as additional insured.

b. The vendor’ s insurance coverage shall be primary and non-contributory insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the vendor’ s insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, and employees, Boards and Commissions or volunteers.

d. The vendor’ s insurance shall apply separately to each insured against whose claim is made or suit is brought, except to the limits of the insured’ s liability.

2. Waiver of Subrogation – All Coverages Each insurance policy required by this exhibit shall waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the vendor for the City.

3. Notice of Cancellation - All Coverages Each insurance policy required by this exhibit shall be endorsed to state that coverage shall not be suspended, voided, canceled or non- renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given the City, or ten (10) days prior written notice for non-payment of premium.

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E. ACCEPTABILITY OF INSURERS

The City prefers that insurance be placed with insurers with an A.M. Best’ s rating of no less than A-:VI, or, A or better by Standard and Poors.

F. VERIFICATION OF COVERAGE

Contractor shall furnish the City with certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be provided on forms approved by the Texas Department of Insurance. City will not accept Memorandums of Insurance or Binders as proof of insurance. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

G. HOLD HARMLESS AND INDEMNIFICATION

THE CONSULTANT/ CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY,

ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS,

LAWSUITS, JUDGMENTS, COSTS AND EXPENSES FOR PERSONAL INJURY ( INCLUDING

DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS

SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE

OCCASIONED BY CONSULTANT’ S/CONTRACTOR’ S BREACH OF ANY OF THESE TERMS AND

CONDITIONS OR BY ANY NEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION OR

INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A

SUBCONTRACTOR OR SUPPLIER COMMITTED BY, CONSULTANT/ CONTRACTOR, ITS

OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS

AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THE PARAGRAPH SHALL

NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF

THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE

EVENT OF JOINT AND CONCURRING NEGLIGENCE OR FAULT OF THE

CONSULTANT/ CONTRACTOR AND THE CITY, RESPONSIBILITY AND INDEMNITY, IF ANY,

SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS,

WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER

TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW

AND THE CITY’ S REASONABLE ATTORNEY’ S FEES SHALL BE REIMBURSED IN

PROPORTION TO THE CONSULTANT’ S LIABILITY. THE PROVISIONS OF THIS PARAGRAPH

ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE

OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR

ENTITY.