INSURANCE REQUIREMENTS SAMPLE_Standard Maintenance Contract.pdf

OAKLAND COUNTY PURCHASING

CONTRACT NUMBER 0XXXXX

REV March 2024

EXHIBIT I

CONTRACTOR INSURANCE REQUIREMENTS

During this Contract, the Contractor shall provide and maintain, at Contractor’s expense, all insurance as set forth and marked below, protecƟng the County against any Claims, as defined in this Contract. The insurance shall be wriƩen for not less than any minimum coverage herein specified. Limits of insurance required in no way limit the liability of the Contractor.

Primary Coverages

Commercial General Liability Occurrence Form including: (a) Premises and OperaƟons; (b) Products and Completed OperaƟons (including On and Off Premises Coverage); (c) Personal and AdverƟsing Injury; (d) Broad Form Property Damage; (e) Broad Form Contractual including coverage for obligaƟons assumed in this Contract;

$1,000,000 – Each Occurrence Limit $1,000,000 – Personal & AdverƟsing Injury $2,000,000 – Products & Completed OperaƟons Aggregate Limit $2,000,000 – General Aggregate Limit $ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability)

Workers’ Compensa on Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 for each accident, $500,000 for a disease for each employee, and $500,000 for a disease policy limit. Contractor must comply with the following:

1. ☒ Be a Fully Insured or State approved self-insurer;

2. ☐ Sole Proprietors must submit a signed Sole Proprietor form; or

3. ☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC-337 Certificate of Exemption.

Evidence of workers’ compensation insurance is not necessary if neither Contractor nor any Contractor Employees come onsite to any County real property, land, premises, buildings, or other facilities in the performance of this Contract.

Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non-owned automobiles uƟlized in the performance of this Contract.

Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each occurrence. This coverage shall be in excess of the scheduled underlying General Liability, Automobile Liability, and Employer’s Liability Insurance policies with exclusions that are not broader than those contained in the underlying policies.

This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement.

REV March 2024

Supplemental Coverages. The following supplemental coverages are required if checked:

1. ☐ Professional Liability/Errors & Omissions Insurance (i.e., Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, AƩorneys, etc.) with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

2. ☐ Cyber Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

3. ☐ Commercial Property Insurance. The Contractor shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage.

4. ☐ Liquor Legal Liability Insurance with a limit of $1,000,000 each occurrence.

5. ☐ Pollu on Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

6. ☐ Medical Malprac ce Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

7. ☐ Garage Keepers Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

8. ☒ Other Insurance Coverages as may be dictated by the provided product/service and deemed appropriate by the County Risk Management Department.

REV March 2024

General Insurance Condi ons

The aforemenƟoned insurance shall be endorsed, as applicable, and shall contain the following terms, condiƟons, and/or endorsements. All cerƟficates of insurance shall provide evidence of compliance with all required terms, condiƟons and/or endorsements.

1. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County;

2. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogaƟon (policy endorsed wriƩen waiver), premiums, deducƟbles, or assessments under any form. All policies shall be endorsed to provide a wriƩen waiver of subrogaƟon in favor of the County;

3. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the Contractor;

4. Contractor shall be responsible for their own property insurance for all equipment and personal property used and/or stored on County property;

5. The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the County of Oakland and it officers, directors, employees, appointees, and commissioners as addiƟonal insured where permiƩed by law and policy form;

6. If the Contractor’s insurance policies have higher limits than the minimum coverage requirements stated in this document the higher limits shall apply and in no way shall limit the overall liability assumed by the Contractor under contract.

7. The Contractor shall require its contractors or sub-contractors, not protected under the Contractor’s insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract;

8. CerƟficates of insurance must be provided prior to the County’s execuƟon of the Contract and must bear evidence of all required terms, condiƟons and endorsements; and provide thirty (30) days’ wriƩen noƟce of cancellaƟon/material change endorsement to the insurance coverages required by this Exhibit.

9. All insurance carriers must be licensed and approved to do business in the State of Michigan along with the Contractor’s state of domicile and shall have and maintain a minimum A.M. Best’s raƟng of A- unless otherwise approved by the County Risk Management Department.