Insurance_Requirments.pdf

00700 – Under 500K Contractor’s Insurance (Rev 082020)

SEMINOLE COUNTY, FLORIDA

PROVISIONS FOR CONTRACTOR'S INSURANCE

Section 1 GENERAL:

The CONTRACTOR shall not commence Work until the CONTRACTOR has, at the CONTRACTOR'S own cost, procured the insurance required under this Section and such insurance has been approved by the COUNTY. All requirements noted herein are REQUIRED unless waived in writing by the COUNTY.

1.1 Before commencing Work, the CONTRACTOR shall furnish the

COUNTY’S Purchasing and Contracts Division with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by the Contract Documents. The Certificate of Insurance must be made to:

Seminole County Board of County Commissioners Attn: Purchasing and Contracts Division 1301 East Second Street Sanford, FL 32771

The Certificate of Insurance shall provide that the COUNTY’S Purchasing and Contracts Division shall be given, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation, or non-renewal. Such shall be endorsed on the policy or by another means acceptable to Seminole County. Until such time as the insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the COUNTY’S Purchasing and Contracts Division with a renewal or replacement Certificate of Insurance before the expiration or replacement of the insurance for which a previous certificate has been provided.

1.2 Notice of Cancellation and/or Non-Renewal: A policy must be specifically endorsed to provide the COUNTY’S Purchasing and Contracts Division with written notice as required under Section 1.1 of cancellation and/or non-renewal.

1.3 The certificate shall have this Agreement number marked on its face.

1.4 In addition to providing the Certificate of Insurance, upon request as required by the COUNTY, the CONTRACTOR shall, within thirty (30) days after receipt of the request, provide the COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section 3. Certified copies of policies may only be provided by the Insurer, not the Agent/Broker.

1.5 Neither approval by the COUNTY nor failure to disapprove the insurance furnished by the CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR'S full responsibility for liability, damages and accidents.

1.6 Deductible/self-insured retention amounts must be declared to and approved by the COUNTY, and shall be reduced or eliminated upon written request from the COUNTY. The risk of loss within the deductible amount, if any, in the insurance purchased and maintained pursuant to this document will be borne by the CONTRACTOR.

1.7 The insurer's cost of defense including attorney's fees (and attorney's fees on appeal) shall not be included within the policy limits but shall remain the responsibility of insurer.

1.8 In the event of loss covered by Property Insurance, the proceeds of a claim shall be paid to the COUNTY, and the COUNTY shall apportion the proceeds between the COUNTY and the CONTRACTOR as their interests may appear.

1.9 Neither the COUNTY’S review of the coverage afforded by or the provisions of the policies of insurance purchased and maintained by the CONTRACTOR in accordance with this Section, nor the COUNTY’S decisions to raise or not to raise any objections about either or both, shall in no way relieve or decrease the liability of the CONTRACTOR. If the COUNTY elects to raise an objection to the coverage afforded by or the provisions of the insurance furnished, the CONTRACTOR shall promptly provide to the COUNTY such additional information as the COUNTY may reasonably request, and the CONTRACTOR shall remedy any deficiencies in the policies of insurance within ten

(10) days.

1.10 The COUNTY’S authority to object to insurance shall not in any way whatsoever give rise to any duty on the part of the COUNTY to exercise this authority for the benefit of the CONTRACTOR or any other party.

1.11 Additional Insured: The Board of County Commissioners of Seminole County, Florida, its officials, officers and employees must be included as additional insured under General Liability, and Umbrella Liability policies. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the COI. If the coverage does not exist, the policy must be endorsed to include the additional insured verbiage.

1.12 Coverage: The insurance provided by the CONTRACTOR pursuant to the Contract Documents shall apply on a primary and non-contributory basis and any other insurance or self-insurance maintained by the Board of County Commissioners of Seminole County, Florida or the COUNTY’S officials, officers or employees shall be excess of and not contributing with the insurance provided by the CONTRACTOR.

1.13 Waiver of Subrogation: All policies shall be endorsed to provide a Waiver of Subrogation clause in favor of the Board of County Commissioners of Seminole County Florida, its officials, officers and employees.

1.14 Provision: Commercial General Liability, Umbrella Liability and the Owners Protective Policies required by the Contract Documents shall be provided on an occurrence rather than a claims-made basis.

Section 2 INSURANCE COMPANY REQUIREMENTS Insurance companies providing the insurance under the Contract Documents must meet the following requirements.

2.1 Such companies must be authorized by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of Florida.

2.2 In addition, such companies shall have and maintain a Best's Rating of "A- " or better and a Financial Size Category of "VII" or better according to A.M. Best Company.

2.3 If, during the period which an insurance company is providing the insurance coverage required by the Contract Documents, an insurance company shall: 1) lose its Certificate of Authority, or 2) fail to maintain the Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the COUNTY’S Purchasing and Contracts Division and upon request of the COUNTY, immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of the Contract Documents. Until such time as the CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to the COUNTY, the CONTRACTOR shall be deemed to be in default of the Contract Documents.

Section 3 SPECIFICATIONS Without limiting any of the other obligations or liabilities of the CONTRACTOR, the CONTRACTOR shall, at the CONTRACTOR'S sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this Section. Except as otherwise specified in the Contract Documents, the insurance shall become effective upon execution of the Agreement by the CONTRACTOR and shall be maintained in force until Final Completion or such other time as required by the Contract Documents. Failure by the CONTRACTOR to maintain insurance coverage within the stated period and in compliance with the Insurance requirements of the COUNTY shall constitute a material breach of the Agreement, for which this Agreement may be immediately terminated by the COUNTY. The amounts and types of insurance shall conform to the following minimum requirements.

3.1 WORKERS' COMPENSATION/EMPLOYERS' LIABILITY (MANDATORY

- NO EXCEPTIONS)

3.1.1 The CONTRACTOR'S insurance shall cover the CONTRACTOR and its subcontractors of every tier for those sources of liability which would be covered by the latest edition of the standard Workers' Compensation and Employers Liability Policy, (NCCI Form WC 00 00 00 A), as filed for use in Florida by the National Council on Compensation Insurance. In addition to coverage for the Florida Workers Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other applicable federal or state law.

3.1.2 Subject to the restrictions of coverage found in the standard Workers' Compensation and Employers Liability Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation and Employers Liability Policy.

3.1.3 The minimum limits to be maintained by the CONTRACTOR are as specified in Section 4.

3.2 COMMERCIAL GENERAL LIABILITY

3.2.1 The CONTRACTOR'S insurance shall cover the CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C. Medical Payment and the elimination of coverage for Fire Damage Legal Liability.

3.2.2 The CONTRACTOR shall maintain separate limits of coverage applicable only to the Work performed under the Contract Documents. The minimum limits to be maintained by the CONTRACTOR shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Construction Project(s) General Aggregate Limit) endorsement ISO Form CG 25 03 to a Commercial General Liability Policy with amounts as specified in Section 4. XCU (Explosion, Collapse, Underground property damage perils) shall not be excluded under the General Liability and Umbrella policy.

3.2.3 The CONTRACTOR (applicable to construction contracts only) shall continue to maintain Products/Completed Operations coverage for a period of two (2) years after Final Completion. The insurance shall cover those sources of liability which would be covered by the latest edition of Coverage A of the Commercial General Liability Form (ISO Form CG 00 01) or Coverage A of the Products/Completed Operations Liability Coverage Form (ISO Form CG 00 37), as filed for use in the State of Florida by the Insurance Services Office without restrictive endorsements.

3.2.4 The minimum limits to be maintained by the CONTRACTOR are as specified in Section 4.

3.2.5 The Board of County Commissioners of Seminole County, Florida, its officials, officers and employees are to be included as Additional Insureds. ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide such Additional Insured status.

3.3 BUSINESS AUTO POLICY

3.3.1 The CONTRACTOR'S insurance shall cover the CONTRACTOR for those sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage shall include owned, non-owned and hired autos or any autos.

3.3.2 The minimum limits to be maintained by the CONTRACTOR are as specified in Section 4.

3.3.3 The Board of County Commissioners of Seminole County, Florida, its officials, officers and employees are to be included as Additional Insureds.

3.4 UMBRELLA LIABILITY

3.4.1 The CONTRACTOR’S insurance shall cover the CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial Liability Umbrella Policy (ISO Form CU 00 01), as filed for use in the State of Florida by the Insurance Services Office. All primary coverage(s) required by contract shall be included on the Umbrella policy’s Schedule of Underlying Insurance.

3.4.2 The minimum limits to be maintained by the CONTRACTOR are as specified in Section 4.

3.4.3 The Board of County Commissioners of Seminole County, Florida, its officials, officers and employees are to be included as Additional Insureds.

3.5 OWNERS PROTECTIVE LIABILITY COVERAGE

3.5.1 If requested in writing the CONTRACTOR shall provide the COUNTY’S Purchasing and Contracts Division with an Owners and Contractor’s Protective Liability Policy (OCP Policy). The policy shall cover the Board of County Commissioners of Seminole County, Florida for all sources of liability which would be covered by the latest edition of the standard Owners and Contractor’s Protective Liability Coverage Form - Coverage for Operations of Designated CONTRACTOR (ISO Form CG 00 09), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements.

3.5.2 The Board of County Commissioners of Seminole County, Florida shall be the named Insured on the OCP Policy. The policy shall be endorsed to include the COUNTY’S officials, officers and employees as insureds. The OCP Policy shall include the CONTRACTOR and the CONTRACTOR'S sub-CONTRACTORS of every tier as designated in the declarations.

3.5.3 The minimum limits to be provided by the CONTRACTOR are as specified in Section 4.

3.6 BUILDER'S RISK

When work includes construction of and/or a major addition per County’s identification to above ground buildings or structures, including bridges, a Builder's Risk coverage must be provided if determined by County as follows:

3.6.1 Form: All Risk Coverage. Coverage is to be no more restrictive than that afforded by the latest editions of Insurance Services Office Forms CP 00 20 and CP 10 30.

3.6.2 Waiver of Occupancy Clause or Warranty: Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The policy must be endorsed to provide that Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s), or structure(s) by the COUNTY.

3.6.3 The minimum limits to be maintained by the CONTRACTOR are as specified in Section 4.

3.6.4 Loss Payee: The Board of County Commissioners of Seminole County, Florida, must be included as loss payee.

3.6.5 The COUNTY retains the right to waive this clause and obtain this coverage at their own cost.

3.6.7 The Builder Risk limit will be 100% of the completed value to include any change orders necessary to avoid any Co-Insurance penalty.

3.7 FLOOD INSURANCE

Buildings: When buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings, structures, machinery, equipment and contents or the maximum amount of flood insurance coverage available under the National Flood Program.

3.7.1 Loss Payee: The Board of County Commissioners of Seminole County, Florida, must be included as loss payee.

3.8 INSTALLATION FLOATER

If the Work includes the installation of machinery and/or equipment into an existing structure, the following insurance coverages must be provided on that machinery and/or equipment.

3.8.1 Form: "All Risk" including Installation and Transit.

3.8.2 Cessation of Insurance: Coverage is not to cease and is to remain in force until Final Acceptance.

3.8.3 The minimum limits to be maintained by the CONTRACTOR are as specified in Section 4.

3.8.4 Loss Payee: The Board of County Commissioners of Seminole County, Florida, must be included as loss payee.

Section 4 REQUIRED LIMITS OF INSURANCE

The minimum amounts of insurance shall be as follows:

4.1 Workers' Compensation: Statutory

Employers’ Liability Each Accident $1,000,000 Disease-Policy Limit $1,000,000 Disease-Each Employee $1,000,000

4.2 Commercial General Liability:

Each Occurrence $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000

Must include XCU coverage

Other Coverage:

Contractor’s Pollution Liability $1,000,000

4.3 Business Auto Policy:

Each Occurrence $1,000,000

4.4 Commercial Umbrella:

Aggregate Limit N/A Each Occurrence Limit N/A

4.5 Owners Protective Liability Coverage: N/A

Aggregate Limit Two (2) Times the Each Occurrence Limit Each Occurrence Limit $

4.6 Builders Risk: Is required for this project

Amount of Insurance (See Section 3.6.7): 100% of the completed value Maximum Deductible: $

4.7 Installation Floater:

Amount of Insurance: N/A Maximum Deductible: N/A

SEMINOLE COUNTY, FLORIDA