Exhibit_A_Insurance_10.5.2026.pdf
PDF 176 KB Posted
- Attached to
- High Density Bond Pavement Application
- Solicitation number
- ITB-12-2027
- Issued by
- Rutherford County, Tennessee
About this file
This is an Exhibit A Insurance Requirements document for a High Density Bond Pavement Application contract with the City of Murfreesboro, Tennessee (ITB-12-2027). The contractor must maintain comprehensive insurance coverage from the commencement of work through final payment and for three years after project completion for products and completed operations liability. Required coverages include commercial general liability with a combined single limit of $1,000,000 per occurrence and $2,000,000 annual aggregate, workers' compensation meeting Tennessee statutory requirements with employer's liability of $1,000,000 per accident, and commercial auto liability with a $1,000,000 combined single limit. All policies must be issued by carriers with an A.M. Best rating of at least A- VII, must name the City of Murfreesboro and its officials, officers, and employees as additional insureds, and must include primary coverage provisions and waivers of subrogation. Contractors must provide certificates of insurance and endorsements within ten days of agreement execution and prior to beginning work on the project site.
The contractor must also provide performance and payment surety bonds, each equal to 100% of the contract sum, issued by a surety licensed in Tennessee. These bonds must be provided prior to the beginning of work, and if not furnished within ten days of agreement execution, the City of Murfreesboro reserves the right to terminate the agreement and award the project to an alternate contractor. The contractor is responsible for requiring all subcontractors and lower-tier entities to maintain equivalent insurance coverage with the same endorsements and provisions, with lower-tier entity general liability limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. Additionally, the contractor must ensure suppliers and materialmen maintain personal property insurance for any equipment or goods for which deposits have been paid, naming the City and Contractor as loss payees. Any reduction in coverage must be reported promptly to the City, which retains the right to require supplemental or replacement coverage at the contractor's expense.
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Text version
Exhibit A
Insurance Requirements
Contractor must, as a material obligation to the Owner and a condition precedent to any payment otherwise due to Contractor, furnish and maintain, and cause its Subcontractors to furnish and maintain, insurance in accordance with the provisions of this Exhibit.
Contractor must secure and maintain without interruption, from the date of commencement of the Work until the later of the date of Final Completion, the date of final payment, or the date until which this Agreement requires any coverage to be maintained after final payment, policies of commercial general liability, commercial auto, umbrella/excess, workers’ compensation and employer’s liability insurance, providing the following coverages, limits and endorsements:
1. Commercial General Liability Insurance.
1.1 The CGL policy must be written on an occurrence basis, on ISO form CG 001 or its equivalent, providing coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), contractual liability, incidental professional liability, the hazards commonly referred to as XCU, and products and completed operations, with a combined single limit of liability of not less than $1,000,000 for each occurrence applicable to the Work, and an annual aggregate limit of liability of not less than $2,000,000 applicable solely to the Work and meeting all other requirements of this Exhibit.
1.2 The general liability insurance may be accomplished with a combination of a general liability and an excess/umbrella liability policy.
1.3 Each general liability policy must be endorsed or written to:
a. Include the per project aggregate endorsement;
b. Name as additional insureds the following: the City of Murfreesboro and its elected officials, officers, employees, representatives and agents (collectively, the “Additional Insureds”);
c. Stipulate that the insurance afforded by the policies furnished by Contractor will be primary insurance and that any insurance, self-insured retention, deductibles, or risk retention programs maintained or participated in by the Additional Insureds, or their agents, officials or employees will be excess and not contributory to the liability insurance furnished by Contractor and by its Subcontractors;
d. Includes a severability of interest clause; and
e. Waive all rights of recovery against the Additional Insureds.
2. Workers' Compensation Insurance. Workers’ Compensation policy must meet all Tennessee statutory requirements, including Employers' Liability Insurance with limits of at least $ 1,000,000 per accident or disease per employee, both policies endorsed to waive subrogation against the Additional Insureds.
3. Auto Liability Insurance
3.1 Commercial auto liability must be carried with minimum combined single limit of $1,000,000 per occurrence.
3.2 This policy must include a duty to defend and cover all owned, non-owned, leased, hired, assigned or borrowed vehicles.
3.3 This policy must be endorsed, by specific or blanket endorsement, to name the Additional Insureds as such, stipulate that any insurance carried by the Additional Insureds must be excess and not contributory, and to waive subrogation against the Additional Insureds.
4. Term of Coverage
4.1 The products and completed operations liability coverage required by this Agreement must extend for a period of not less than three years after the earlier of Final Payment for the Work, or the termination of the Agreement (the “Completed Operations Term”).
4.2 If at any time during the Completed Operations Term Contractor cannot obtain equivalent coverage by replacement or renewal, Contractor must acquire a tail policy prior to expiration of the existing policy that will extend coverage until the end of the Completed Operations Term.
4.3 Contractor will furnish certificates of insurance and other evidence that the Owner may reasonably require during the Completed Operations Term to establish compliance with the requirements of this paragraph.
4.4 All other policies of insurance must be maintained continuously in force from commencement of the Work until the date of Final Payment.
5. Subcontractor and Lower-Tier Entities Insurance Requirements
5.1 Contractor must require all of Contractor's Subcontractors and must require its Subcontractors to require their Lower Tier Entities, as a condition of working on the Project, and of receiving payment, to:
a. Purchase and maintain Commercial General Liability, Workers' Compensation and Employer's Liability, and Automotive insurance policies, with the same coverages, endorsements, terms of coverage and other provisions as are required of Contractor under by this Exhibit, EXCEPT THAT the combined coverage limits of the general liability insurance to be furnished by Lower Tier Entities must be $ 1,000,000 per occurrence, and $ 2,000,000 as the annual aggregate limit; and
b. Timely furnish to the Owner proper certificates, endorsements, copies of declarations pages, and other documents necessary to establish the Subcontractor's compliance with this Exhibit.
c. The Lower Tier Entities’ general liability policy must also be endorsed to provide the policy must be primary insurance, the general liability insurance furnished by Contractor must be the secondary and non-contributory, and any insurance carried by the Additional Insureds must be excess, tertiary and non-contributory to the insurance furnished by Contractor and Subcontractor.
d. The Owner has the right to inspect and copy all such certificates, endorsements, or other proof at any reasonable time.
6. Other Policy Provisions. Each policy to be furnished by Contractor and each Subcontractor must:
6.1 Be issued by an insurance carrier having a rating from A.M. Best Company of at least A- VII or better;
6.2 Include the Project per aggregate endorsement;
6.3 Waive all rights of subrogation against the Owner;
6.4 Provide a Certificate that contains a provision that coverages afforded under the policies will not be canceled, allowed to expire, or reduced in amount until at least thirty (30) days' prior written Notice has been given to the Owner; and
6.5 Be otherwise satisfactory to the Owner. The Owner agrees to consider alternatives to the requirements imposed by this Exhibit but only to the extent that the Owner is satisfied the insurance is not commercially available to the insured. In such event, the Owner has the right to set conditions for such waiver, including, but not limited to, additional indemnities, and the request that the Owner be a loss-payee under the policy.
7. Certificates and Endorsements
7.1 Within 10 days after the execution of this Agreement, Contractor must provide the Owner with certificates and endorsements;
7.2 Upon the Owner request, Contractor must provide the Owner with certificates and endorsements from each of its Subcontractors, in all cases evidencing compliance by Contractor, each Subcontractor, and Lower Tier Entities with the requirements of this Exhibit.
7.3 If any of the foregoing insurance coverages are required to remain in force after Final Completion, Contractor must submit an additional certificate evidencing continuation of such coverage with its application for final payment.
8. Reduction in Coverage. Contractor must promptly inform the Owner of any reduction of coverage resulting from revised limits, claims paid, or both and must require its Subcontractors and Lower Tier Entities to promptly inform Contractor of same. The Owner has the right to require Contractor or the applicable Subcontractor to obtain supplemental or replacement coverage to offset such reduced coverage, at the sole cost or expense of Contractor or the applicable Subcontractor.
9. Suppliers and Materialmen Coverages
9.1 Contractor will endeavor to cause all suppliers and materialmen to deliver any equipment, machinery or other goods FOB Site.
9.2 With respect to any equipment, machinery or other goods for which the Owner or Contractor has paid a deposit, Contractor will cause the respective suppliers and materialmen to maintain personal property insurance in an amount equal to the value of such equipment, machinery or other goods (but in no event less than the amount of the applicable deposit) during fabrication, storage and transit, naming the Owner and Contractor as loss payee as their interests appear.
10. Condition Precedent to Starting Work
10.1 Prior to, and as a condition of its right to begin performing any Work on the Site, Contractor and each Subcontractor and Lower Tier Entities must deliver to the Owner certificates of insurance representing that the required insurance is in force, together with the additional insured endorsements and waivers of subrogation required above, and such other proof satisfactory to the Owner that the required insurance is in place; together with the original of each bond required under this Agreement. Contractor and each Subcontractor and Lower Tier Entities hereby authorize the Owner to communicate directly with the respective insurance agents, brokers and/or carriers and sureties to verify their insurance and bond coverage;
10.2 The Owner is under no obligation or duty to make any such inquiry and the Owner is entitled to rely on any proofs of insurance tendered by Contractor or its Subcontractors and Lower Tier Entities. The Owner's acceptance of any proof of insurance and bonds offered by Contractor or any Subcontractor or Lower Tier Entities will not be deemed a waiver of the obligations of Contractor and Subcontractors and Lower Tier Entities to furnish the insurance and bonds required by this Exhibit.
11. Additional Proofs of Insurance. Contractor must, within 10 days after request, provide the Owner with certified copies of all policies and endorsements obtained in compliance with this Agreement.
12. Indemnity. The fact that Contractor and its Subcontractors are required by this Agreement to purchase and maintain insurance in no way limits or restricts any other obligations or duties Contractor and its Subcontractors and Lower Tier Entities may have to indemnify, defend or hold harmless the Owner and the other Additional Insureds from and against any and all demands, liabilities, losses or expenses of whatever kind or nature.
13. Interpretation. In the event of any inconsistency between the provisions of this Exhibit and those of the other provisions of the Agreement, the terms of this Exhibit will govern.
14. Performance Bond and Payment Bond.
14.1 The Contractor shall provide surety bonds as follows:
Type Penal Sum ($0.00) Performance Bond 100% of Contract Sum Labor and Material Payment Bond 100% of Contract Sum
14.2 Bonds shall be issued by a surety licensed in the State of Tennessee and satisfactory to the
Owner.
14.3 The Contractor must provide evidence of Bonds prior to the beginning of work. If the Performance and Payment Bonds are not furnished within ten (10) days of execution of the Agreement, the Owner, in its sole discretion, may elect to terminate the Agreement and award the Project to an alternate contractor.
14.4 The Owner will require the Contractor to increase the Performance and Payment Bonds to accommodate Change Orders that individually or cumulatively exceed 10% of the original Contract Sum. The Contractor shall furnish to the Owner and keep in force during the term of the Contract, performance and labor and material payment bonds guaranteeing that the Contractor will perform its obligations under the Contract and will pay for all labor and materials furnished for the Work.
14.5 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.
| Exhibit A Insurance Requirements |
| 1. Commercial General Liability Insurance. |
| 3. Auto Liability Insurance |
| 4. Term of Coverage |
| 5. Subcontractor and Lower-Tier Entities Insurance Requirements |
| 7. Certificates and Endorsements |
| 9. Suppliers and Materialmen Coverages |
| 10. Condition Precedent to Starting Work |
| 14. Performance Bond and Payment Bond. |
| 14.1 The Contractor shall provide surety bonds as follows: |
| 14.2 Bonds shall be issued by a surety licensed in the State of Tennessee and satisfactory to the Owner. |
| 14.3 The Contractor must provide evidence of Bonds prior to the beginning of work. If the Performance and Payment Bonds are not furnished within ten (10) days of execution of the Agreement, the Owner, in its sole discretion, may elect to terminate the... |
| 14.4 The Owner will require the Contractor to increase the Performance and Payment Bonds to accommodate Change Orders that individually or cumulatively exceed 10% of the original Contract Sum. The Contractor shall furnish to the Owner and keep in forc... |
| 14.5 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. |
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