H:\INSURANCE REQUIREMENTS web page.docx

INSURANCE REQUIREMENTS

The Supplier, Contractor, Consultants or other third parties, including any subcontractors (“Service Providers”), doing business with City of Fort Myers shall maintain the insurance coverages specified below throughout the term of the Agreement or Contract and shall provide certificates of insurance demonstrating that the required coverages remain in full effect for its duration.

The provisions set forth herein apply to all Agreements, Contracts, Purchase Orders, and City Solicitations (“Procurement Documents”) unless expressly stated otherwise.

Service Providers Standard Coverage:

Minimum Limits

COMMERCIAL GENERAL LIABILITY

Occurrence-based policy covering bodily injury, property damage, personal & advertising injury, premises/operations, completed operations, independent contractors and subcontractors, broad form property damage, and contractual liability.

$1,000,000 Per Occurrence $2,000,000 Aggregate

COMPREHENSIVE AUTOMOBILE LIABILITY

Occurrence-based coverage protecting against all claims for bodily injury and property damage arising from motor vehicle use. Must cover all owned, non-owned, hired, and leased, non-owned, employee non-ownership vehicles licensed for highway use.

$1,000,000 Combined Single Limit

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

Statutory workers’ compensation for all employees, including an “all states”/“other states” endorsement. Exemption certificates are accepted only for eligible corporate officers under Florida Statute Ch. 440; proof of coverage is still required for all other employees and subcontractors. Employers’ Liability minimum: $100,000 per accident, $500,000 policy limit for disease, and $100,000 per employee for disease.

Part 1 Workers’ Compensation Statutory

Part 2 Employers’ Liability minimum:

$100,000 per accident, $500,000 policy limit for disease, and $100,000 per employee for disease.

Additional Coverages as Required by City’s Procurement Documents:

COMMERCIAL CRIME/BOND

For Service Provider’s employees engaged in work having access to City funds.

Per Procurement Documents scope

CYBER LIABILITY COVERAGE

Service Providers who supply software, hardware, software or system development, consulting services Internet/Application Service provided services, or any other technology service, Technology Errors & Omissions insurance, including coverage for loss or disclosure of electronic data, media and content right infringement and liability, network security failure of the Contractor/Consultant/Vendor’s products or services.

$1,000,000 Per Claim for first and third party exposures

FIRE AND EXTENDED COVERAGE INSURANCE (BUILDER’S RISK)

Maintain for the following hazards: encompassing buildings and structures while in the course of construction including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures, as well as materials and equipment suitably stored at the site and Contractor 's construction equipment, materials, and temporary structures: Fire and lightning, vandalism, and malicious mischief. Extended coverage including windstorm, hail, explosion, riot, riot-attending strike, civil commotion, aircraft, vehicle, and smoke damage. The policy or policies shall also cover machinery if the cost of the machinery is included in the Contract.

Equal to the total Procurement Documents price

GARAGE KEEPER’S

When City vehicles/equipment is on or stored at the Service Provider’s facility. Coverage shall include bodily injury and property damage endorsed to include: 1) Automobile Service Operations; and 2) Garage keepers legal liability.

$1,000,000 Combined Single Limit

LEASING/RENTAL

For lease holders during the term of the lease, coverage to include: 1) fire legal liability 2) liquor liability.

$300,000 Fire Legal Liability $1,000,000 Liquor Liability

MARINE COVERAGE

When the Service Providers will be working or transporting materials in lakes, rivers, or other waterways. Coverage shall be maintained throughout the term of the contract and shall include, at a minimum, Protection and Indemnity (P&I) Liability coverage, Jones Act and Crew coverage, where applicable, for all personnel engaged in maritime operations under this contract. All marine insurance policies shall be issued by insurers authorized to do business in the State of Florida and

$1,000,000 Per Claim for each applicable line of coverage acceptable to the City. Coverage shall include wharfinger's legal liability for vessels under Contractor's care, custody, or control.

POLLUTION LIABILITY INSURANCE

When the project includes any environmental or pollution control factors. Coverage shall cover the Contractor for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for clean-up of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three years following the period for which coverage is required, and which would have been covered had the coverage been on an occurrence basis. Coverage shall not exclude the assessment, removal, remediation, transport and/or handling of hazardous materials, including but not limited to mold, asbestos, and lead. Said pollution liability policy shall include and list as "Additional Insured" the City and the CITY's council members, officials, officers, agents and employees; the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis.

Contractor shall obtain all necessary endorsements to support these requirements.

$1,000,000 Per Claim $1,000,000 Aggregate

PROFESSIONAL LIABILITY

The Consultant shall keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy having minimum limits of, or the Consultant/Contractor shall provide the City with policy coverage wherein the insurer agrees to pay claims (up to the limits of coverage), and will thereafter recover the deductible from the insured Consultant. The errors and omissions policy shall be in effect and shall ensure the Consultant's performance on City projects.

Should the Professional Liability Insurance Policy issued pursuant to the above requirements and limits be written, so as to provide an applicable deductible amount, or other exclusion or limitation as to the amount of coverage to be provided within the minimum coverage limits set forth above, the City shall hold the Consultant/Contractor responsible and liable for any such difference in the amount of coverage provided by the insurance policy. In the event of any such deductible amount, exclusion or limitation, the Consultant/Contractor shall be required to provide written documentation that is acceptable to the City establishing that the Consultant/Contractor has the financial resources readily available to cover damages, injuries and/or losses which are not covered by the policy's deductible amounts, exclusions and/or limitations as stated above.

$1,000,000 Per Claim $1,000,000 Aggregate Maximum deductible of $100,000 per claim

EXCESS LIABILITY/UMBRELLA

Additional or higher limits may be required as necessary per solicitation and contract scope.

Per Procurement Documents scope

CERTIFICATE OF INSURANCE REQUIREMENTS

Certificates must be furnished to the City prior to commencing work, and shall:

• Be executed by an authorized representative of a Florida-licensed insurer acceptable to the City.

• Confirm occurrence-based coverage, applicable limits, deductibles, and expiration dates.

• Additional Insured boxes need to be checked as defined below.

• Name the City as an Additional Insured on general liability and automobile liability on a primary and non-contributory basis, for both premises/ongoing operations and products/completed operations.

• Waiver of Subrogation needs to be checked as defined below.

• Reference this Agreement and Project by name/number.

• Certificate Holder verbiage must state:

The City of Fort Myers 2200 Second Street Fort Myers, FL 33901

• Renewal/replacement certificates, including all endorsements, must be furnished no later than 30 days prior to expiration. Failure to provide renewal certificates is grounds for termination of this agreement.

ADDITIONAL INSUREDS

All insurance coverages furnished under an agreement except Workers’ Compensation and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its Subcontractors.

The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

If this solicitation is funded in whole or in part by the Florida Department of Transportation or Lee County they will be included as an additional insured on all insurance certificates.

WAIVER OF SUBROGATION

The Service Providers and its Subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents, and employees and against other Contractor and Subcontractors.

GENERAL TERMS

• All coverage must be in effect for the entire Agreement period. Contractor’s insurance is primary. Subcontractors must maintain equivalent coverage at their own expense.

• The purchasing of any insurance on the behalf of the City shall not waive any defense under Sovereign Immunity.

• If the total amount of insurance coverage established in, and required by, a Change Order or Supplemental Agreement exceeds the amount of insurance coverage carried by the Contractor, then the Contractor shall be required and expected to acquire such additional insurance, and the compensation established for the Change Order, or Supplemental Agreement, shall include consideration of any additional premium cost incurred by the Contractor to obtain such additional insurance coverage.