IFB_5000_JRN1041A_ATT_10_v1.docx

ATTACHMENT – Insurance

1. GENERAL INSURANCE REQUIREMENTS:

A. The Contractor shall provide a Certificate of Insurance as verification of coverages and endorsements required in Section B., Specific Insurance Requirements, to the City prior to Contract execution and within 14 calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage.

B. All endorsements naming the City as additional insured, waivers, and notices of cancellation shall indicate, and the Certificate of Insurance shall be mailed to the following address:

City of Austin Austin Financial Services - Central Procurement 721 Barton Springs Road Austin, TX 78704

OR

PURInsuranceCompliance@austinTexas.gov C. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor.

D. The City may request that the Contractor submit certificates of insurance to the City for all Subcontractors prior to the Subcontractors commencing work on the project.

E. The Contractor’s and all Subcontractors’ insurance coverage shall be written by companies authorized to do business in the State of Texas and have an A.M. Best rating of B+VII or better.

F. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable.

G. If insurance policies are not written for amounts specified in Section B., Specific Insurance Requirements, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.

H. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies.

I. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in exposure, statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor.

J. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract.

K. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. Self-insured retentions greater than $499,999 shall be disclosed on the Certificate of Insurance.

L. If any required insurance is written on a claims-made basis, the Certificate of Insurance shall state that the coverage is claims-made and the retroactive date shall be prior to or coincident with the date of the Contract and the coverage continuous and shall be provided for 24 months following the completion of the Contract.

M. The insurance coverages specified in Section B., Specific Insurance Requirements, are required minimums and are not intended to limit the responsibility or liability of the Contractor.

2. SPECIFIC INSURANCE COVERAGE REQUIREMENTS:

The Contractor, consistent with its status as an independent Contractor shall carry and will cause its Subcontractors to carry, at a minimum insurance in the types and amounts indicated below for the duration of the Contract, including extension options and hold over periods, and during any warranty period.

2.1. Worker’s Compensation and Employers’ Liability Insurance:

Coverage shall be consistent with statutory benefits outlined in the Texas Worker’s Compensation Act (Section 401). The minimum policy limits for Employer’s Liability are $500,000 bodily injury each accident, $500,000 bodily injury by disease policy limit and $500,000 bodily injury by disease each employee. The Contractor’s policy shall apply to the State of Texas and include these endorsements in favor of the City of Austin:

A. Waiver of Subrogation, Form WC420304, or equivalent coverage;

B. 30 Days’ Notice of Cancellation, Form WC420601, or equivalent coverage.

2.2. Commercial General Liability Insurance:

The Contractor shall maintain Commercial General Liability (CGL) Insurance with limits not less than: The policy shall contain the following provisions:

(1) $1,000,000 per occurrence;

(2) $2,000,000 in the aggregate; and

(3) $2,000,000 aggregate limit for Products-Completed Operations.

Coverage shall be written on an ISO Form CG 00 01 04 13, or other form acceptable to The City. Products-Completed Operations coverage shall apply through the expiration of all applicable statutes of limitation and statues of repose.

The CGL policy shall include, with no sublimit or exclusion:

(4) Broad-form third party bodily injury, including death;

(5) Broad-form property damage, including loss of use;

(6) Premises and operations;

(7) Contractual liability, including tort liability of another assumed in a written agreement;

(8) Independent contractors;

(9) Defense expenses provided outside the policy limits;

(10) Per-Location Aggregate of $500,000; and

(11) Per-Project Aggregate of $500,000.

(12) Contractual liability coverage for liability assumed under the Contract and all other Contracts related to the project;

(13) Independent Contractors coverage (Contractor/Subcontracted work);

(14) Products/Completed Operations Liability for the duration of the warranty period;

(15) If the project involves digging or drilling, provide Explosion, Collapse, and Underground (X, C, & U) Coverage.

A. The policy shall also include these endorsements in favor of the City of Austin:

(1) Waiver of Subrogation, Endorsement CG 2404, or equivalent coverage;

(2) 30 Days’ Notice of Cancellation, Endorsement CG 0205, or equivalent coverage;

(3) The City of Austin listed as an additional insured, Endorsement CG 2010, or equivalent coverage.

2.3. Business Automobile Liability Insurance:

Coverage f or all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall include these endorsements in favor of the City of Austin:

A. Coverage shall be at least as broad as the most current ISO CA 00 01 form. Coverage shall include any Federal- and state-required pollution coverage on ISO form CA 99 48 or MCS-90, as applicable.

B. Waiver of Subrogation, Endorsement CA0444, or equivalent coverage;

C. 30 Days’ Notice of Cancellation, Endorsement CA0244, or equivalent coverage;

D. The City of Austin listed as an additional insured, Endorsement CA2048, or equivalent coverage.

2.4. Umbrella/Excess Liability Insurance:

The Contractor shall maintain Umbrella/Excess Liability Insurance provided on a follow-form basis, including drop-down coverage with limits not less than $1,000,000 per occurrence and in the aggregate. Coverage shall be on an occurrence form and apply in excess of the following underlying policies:

A. Employer’s Liability B. Commercial General Liability C. Automobile Liability The Umbrella/Excess Liability policy shall not contain any endorsements that restrict the underlying policies or exclude cross-liability. The policy must maintain the same breadth of protection as the underlying coverage and provide seamless extension of limits.

2.5. Professional Liability Insurance:

The Contractor shall maintain Professional Liability Insurance with limits not less than $500,000 per claim and in the aggregate for liability arising out of any negligent act, error, or omission in the performance of services under this Contract, including consequential financial loss. If written on a claims-made basis, the retroactive date must precede the commencement of any work under this Contract, and coverage must be maintained—or an extended reporting period purchased—for a minimum of three (3) years following completion of all work.

2.6. Environmental Impairment Liability/Pollution Legal Liability Insurance:

The Contractor shall maintain Environmental Impairment Liability/Pollution Legal Liability Insurance with limits not less than $500,000 per claim to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages, including bodily injury; property damage, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims by reason of sudden and accidental or non-sudden and accidental pollution arising out of the transportation, storage, or permanent disposal of hazardous and non-hazardous wastes, including wastes subject to the Toxic Substances Control Act (TSCA).

3. ENDORSEMENTS:

The specific insurance coverage endorsements specified above, or their equivalents must be provided. If endorsements, which are the equivalent of the required coverage, are proposed to be substituted for the required coverage, copies of the equivalent endorsements must be provided for the City’s review and approval.

4. WAIVER OF SUBROGATION:

Contractor waives and shall cause all its insurers and subcontractors to waive all rights of subrogation and set off against The City. All insurance policies shall be endorsed to provide such waivers of subrogation.

5. PRIMARY/NON-CONTRIBUTORY:

Contractor and its subcontractors’ insurance coverage shall be primary, and any insurance or self-insurance of The City shall be excess and noncontributory to Contractor’s coverage. Any Contractor policy stating that it applies on an excess or pro rata basis shall be endorsed to apply on a primary/noncontributory basis with respect to The City.

6. SEVERABILITY OF INTERESTS:

All Contractor policies shall provide or be endorsed to include a severability of interest’s provision. There shall be no exclusion for cross liability.

7. NOTICE OF CANCELLATION:

All policies shall be endorsed to provide The City with a minimum of 30 days advance written notice of cancellation, 10 days advance notice in the event of cancellation for non-payment of premium.

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