Exhibit H _ A105 GTFI_CM Insurance Requiremen.pdf

Exhibit H – GTFI Insurance Requirements

ARTICLE A1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER

§ A1.1 Insurance Certificates

The Contractor shall procure the insurance coverages identified below and shall furnish the Owner an insurance certificate listing the Owner as the certificate holder and as an additional insured. Evidence of insurance coverages shall be provided on a form acceptable to the Owner. The insurance certificate must provide the following:

.1 Name and address of authorized agent

.2 Name and address of insured

.3 Name of insurance company(ies)

.4 Description of policies

.5 Policy Number(s)

.6 Policy Period(s)

.7 Limits of liability

.8 Name and address of Owner as certificate holder

.9 Project Name and Number

.10 Signature of authorized agent

.11 Telephone number of authorized agent

.12 Mandatory forty-five day notice of cancellation or non-renewal (except ten days for non-payment) .13 Copies of policy endorsements granting coverage as required herein

§ A1.2 Insurer Qualifications, Insurance Requirements

Each of the insurance coverages required below (i) shall be issued by a company licensed by the Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance, and (ii) shall be an insurer (or, for qualified self-insureds or group self-insureds, a specific excess insurer providing statutory limits) with an A.M. Best Company Policy holders Rating of "A" or better and with a financial size rating of Class VIII or larger. Each such policy shall contain the following provisions:

.1 The insurance company agrees that the policy shall not be canceled, changed, allowed to lapse or allowed to expire until forty-five days after the Owner has received written notice thereof, as evidenced by return receipt of certified mail or statutory mail, or until such time as other insurance coverage providing protection equal to protection called for in this Contract shall have been received, accepted and acknowledged by the Owner. Such notice shall be valid only as to the Project as shall have been designated by Project Number and Name in said notice.

.2 The policy shall not be subject to invalidation as to any insured by reason of any act or omission of another insured or any of its officers, employees, agents or other representatives ("Separation of Insureds").

.3 Each Insurer is hereby notified that the statutory requirement that the Attorney General of Georgia shall represent and defend the Indemnities remains in full force and effect and is not waived by issuance of any policy of insurance. In the event of litigation, any settlement on behalf of the indemnities must be expressly approved by the Attorney General. The Contractor and its insurance carrier may retain, but are not obligated to retain, counsel to assist with the defense of the Indemnities, in which case there will be mutual cooperation between the Attorney General and such counsel. See O.C.G.A. § 45-15-12.

.4 Self-insured retention, except for qualified self-insurers or group self-insurers, in any policy shall not exceed $10,000.00.

.6 Each policy of insurance shall be primary and non-contributory with other policies insuring the Owner, the Georgia Institute of Technology, and the Board of Regents of the University System of Georgia and any "other insurance" clause of such insurance policy of the Contractor or sub-contractors shall adhere to this agreement.

§ A1.3 Required Insurance Coverages

The Contractor agrees to purchase insurance and have the authorized agent state on the insurance certificate that the Contractor has purchased the following types of insurance coverages, consistent with the policies and requirements of O.C.G.A. §50-21-37. The minimum required coverages and liability limits are as follows:

.1 Workers’ Compensation Insurance. The Contractor agrees to provide at a minimum Workers’ Compensation coverage in accordance with the statutory limits as established by the General Assembly of the State of Georgia. A group insurer must submit a certificate of authority from the Insurance Commissioner approving the group insurance plan. A self-insurer must submit a certificate from the Georgia Board of Workers’ Compensation stating the Contractor qualifies to pay its own workers’ compensation claims. The Contractor shall require all Subcontractors performing work under this Contract to obtain an insurance certificate showing proof of Workers’ Compensation Coverage and shall submit a certificate on the letterhead of the Contractor containing the following language:

This is to certify that all subcontractors performing work on this Project are covered by their own workers’ compensation insurance or are covered by the Contractor’s workers’ compensation insurance.

.2 Employer’s Liability Insurance. The Contractor shall also maintain Employer’s Liability Insurance Coverage with limits of at least:

(i) Bodily Injury by Accident $1,000,000 each accident;

(ii) Bodily Injury by Disease $1,000,000 each employee; and

(iii) Bodily Injury / Disease Aggregate $1,000,000 each accident.

The Contractor shall require all Subcontractors performing work under this Contract to obtain an insurance certificate showing proof of Employers Liability Insurance Coverage and shall submit a certificate on the letterhead of the Contractor containing the following language:

This is to certify that all subcontractors performing work on this Project are covered by their own Employers Liability Insurance Coverage or are covered by the Contractor’s Employers Liability Insurance Coverage.

Additional requirements for Workers’ Compensation and Employer’s Liability Insurance are shown below at Section A1.3.6.

.3 Commercial General Liability Insurance. The Contractor shall provide Commercial General Liability Insurance (2001 ISO Occurrence Form or equivalent) that shall include, but need not be limited to, coverage for bodily injury and property damage arising from premises and operations liability, products and completed operations liability, blasting and explosion, collapse of structures, underground damage, personal injury liability and contractual liability. The CGL policy must include separate aggregate limits per Project and shall provide at a minimum the following limits:

$10,000,000 Each Occurrence

$10,000,000 General Aggregate (per project)

$10,000,000 Products/Completed Operations Aggregate

$10,000,000 Personal/Advertising Injury

The above stated Products and Completed Operations coverage shall continue uninterrupted by the Contractor for five (5) years duration commencing from the date of Substantial Completion of the Work.

Policy shall contain no modification to or deletion of the “insured contract” exception to the contractual liability exclusion of the policy.

Additional Requirements for Commercial General Liability Insurance are shown below at Section A1.3.6.

.4 Commercial Business Automobile Liability Insurance. The Contractor shall provide Commercial Business Automobile Liability Insurance that shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business Automobile Liability Insurance Policy shall provide not less than $1,000,000 Combined Single Limits for each accident. Additional Requirements for Commercial Business Automobile Liability Insurance are shown below at Section A1.3.6.

.5 Commercial Umbrella Liability Insurance. The Contractor shall provide a Commercial Umbrella Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Business Automobile Liability and the Workers’ Compensation and Employers’ Liability to satisfy the minimum limits set forth herein. The umbrella coverage shall follow form with the Umbrella limits required as follows:

$10,000,000 Each Occurrence

$10,000,000 General Aggregate (per project)

$10,000,000 Products/Completed Operations Aggregate

$10,000,000 Personal/Advertising Injury

Additional Requirements for Commercial Umbrella Liability Insurance are shown below at Section A1.3.6.

.6 Additional Requirements for Commercial Policies in Section A1.3.

(i) To the fullest extent permitted by law all policies shall include a waiver of subrogation in favor of the Owner, the Georgia Institute of Technology, and the Board of Regents of the University System of Georgia, including their officers, members and employees. Contractor will require of Subcontractors and sub-Subcontractors, at all tiers, by appropriate written agreements, similar waivers each in favor of all parties enumerated in this Section.

(ii) The policies must be on an "occurrence" basis.

(iii) The Commercial Policies in Section A1.3.3 through A1.3.5 shall name as additional Insureds the officers, members, and employees of the Owner, the Georgia Institute of Technology, and the Board of Regents of the University System of Georgia.

.7 Builders Risk Insurance. Contractor shall provide a Builder’s Risk Policy to be made payable to the Owner and Contractor, as their interests may appear. The policy amount should be equal to 100% of the Contract Sum, written on a Builder’s Risk "All Risk", or its equivalent. The policy shall be endorsed as follows:

The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy:

(i) Furniture, fixtures, and equipment may be delivered to the insured premises and installed in place ready for use; and

(ii) Partial or complete occupancy by Owner; and

(iii) Performance of work in connection with construction operations insured by the Owner, by agents or lessees or other contractors and vendors of the Owner and the Georgia Institute of Technology and the Board of Regents of the University System of Georgia.

.8 Disposition of Insurance Documents. One original certificate of insurance with all endorsements attached must be deposited with Owner for each insurance policy required.

§ A1.4 Termination of Obligation to Insure

Unless otherwise expressly provided to the contrary, the obligation to insure as provided herein shall not terminate until the Architect shall have executed the Certificate of Substantial Completion.

§ A1.5 Failure of Insurers

The Contractor is responsible for any delay resulting from the failure of his insurance carriers to furnish proof of proper coverage in the prescribed form.

§ A1.6 Conflicts in Insurance Requirements

The insurance requirements specified in Section A1 shall supersede any conflicting language in other sections of this Agreement.

§ A2 PERFORMANCE BOND AND PAYMENT BOND

§ A2.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising hereunder. The Contractor may obtain bonds through the Contractor’s usual source, and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to one hundred percent (100%) of the Contact Sum as adjusted by Change Orders.

§ 8.2.2 The Contractor shall deliver the required bonds, in a form acceptable to the Owner, at least three days before the commencement of Work at the Project site.