Utilities - Exhibit I - Minimum Insurance Requirements.pdf

Exhibit I Minimum Insurance Requirements

1. Minimum Insurance Requirements - Nothing in this Contract shall limit Utilities’ access to the minimum required types and limits of Insurance in this Section.

1.1 Contractor shall maintain insurance coverage for financial protection from and against claims arising out of Contractor’s activities and the performance of this Contract. Such insurance will be through policies placed with commercial insurance companies approved or authorized to conduct insurance business in the state of Colorado and having a minimum A.M. Best rating of “A- / VII“ or equivalent from alternate rating agencies which may be acceptable to Utilities’ Risk Management Department.

1.2 Insurance shall be of the required types and minimum limits as follows:

Workers' Compensation

Workers’ Compensation coverage shall include a waiver of subrogation in favor of Utilities, endorsement required.

Statutory limits for where work is performed and/or where benefits can be claimed.

Employers Liability Bodily Injury by Accident – Each Accident Bodily Injury by Disease – Each Employee Bodily Injury by Disease – Policy Limit

$1,000,000 $1,000,000 $1,000,000

Commercial General Liability Each Occurrence Policy Aggregate - Per Project Including but not limited to coverage for:

i. Products and Completed Operations

ii. Contractual Liability

iii. Independent Contractors

iv. Riggers Endorsements or CCC exclusion removed

v. Separate Aggregate to apply to this Project

$1,000,000 Per Occurrence

$2,000,000 Aggregate

Automobile Liability All owned, hired and non-owned vehicles

$1,000,000 Combined Single Limit

MCS90 & CA9948 Endorsements Required

Umbrella/Excess Liability Excess Liability coverage above the Following Policies:

i. Commercial General Liability

ii. Automobile Liability

iii. Employers Liability

$1,000,000 Per Occurrence

Pollution Liability Including but not limited to coverage for:

i. Coverage for bodily injury, property damage (including natural resource damage) and cleanup costs

ii. New on-site and off-site releases

iii. Transportation of hazardous substances

Not Applicable

Professional Errors and Omissions Liability Including but not limited to coverage for:

i. Economic damages arising out of negligent acts, errors or omissions in professional services rendered

ii. No exclusion for punitive damages (Where allowed by law)

Not Applicable

1.3 [Reserved for Cyber Liability if required in Section 1.2]

1.4 Except for Contractor policies of Workers’ Compensation, Employers Liability and Professional or Cyber Liability (if required), Utilities, the City of Colorado Springs, their officers, and including its directors, City Council, Utilities Board, employees, successors and assigns, shall be included as Additional Insureds on all other policies required herein by specific policy endorsements. Commercial General Liability policies and Umbrella / Excess Liability policies as applicable, shall specifically include Utilities as an Additional Insured for products and completed operations liability coverages, which coverages and Additional Insured status shall be continued for a period not less than two (2) years after final completion.

1.5 In any policy where Utilities is an Additional Insured, Contractor policies of insurance required herein shall state that such policies are specifically primary and shall not require contribution from any other insurance maintained by Utilities. Any insurance maintained by Utilities shall apply excess of any Contractor insurance required herein and shall be for the sole protection of Utilities only.

1.6 All Contractor policies of insurance required herein shall waive rights of subrogation against Utilities, including its directors, officers, employees, successors and assigns.

1.7 Liability insurance policies providing coverage as required in this Section shall be written on an “occurrence form” basis. For policies traditionally written on a “claims-made form” which may be required in this Section, Contractor shall provide an extended reporting or “tail” provision for each policy, allowing potential claims to be discovered and reported for a period of not less than two (2) years after final completion of this Contract.

1.8 Prior to the commencement of the Work and before Contractor or its subcontractors shall enter Utilities’ property, and at all times during the course of the Work and any activities of Contractor related to Utilities business, Contractor shall provide Utilities with current Certificate(s) of Insurance evidencing continuous compliance with all insurance policy terms and limits as required in Sections above, and confirming that such coverages will not be cancelled except after 30 days written notice to Utilities. Replacement certificates shall be provided to Utilities at least 14 days prior to renewal of any insurance policies evidenced thereon. If requested by Utilities, specific endorsements confirming compliance with specifically required terms shall be included with the Certificate(s) of Insurance. In the event of any claim or potential claim against Utilities whereby Utilities may potentially be protected as an Additional Insured under any of the insurance policies required herein, Contractor agrees to provide a full and complete copy of any such policy if so requested by Utilities.

1.9 Contractor shall require each of its subcontractors to furnish evidence that the subcontractor has General Liability Insurance, Workers’ Compensation, Employer’s Liability, and Automobile Liability Insurance with the limits of liability appropriate to the risk of its scope of work, including appropriate endorsements, and in no event less than $1,000,000 per occurrence.

1.10 Insurance requirements herein are only the minimum types and amounts required for compliance with this Contract, and shall not be construed as the full amount and types of insurance which may be necessary to adequately protect the Contractor for its full and complete obligations to Utilities and others as provided for in this Contract, or otherwise to any other party. Contractor shall be solely responsible for any deficiencies thereof. It is Contractor’s sole obligation to determine and implement any other types or amounts of insurance necessary and sufficient to protect Contractor’s obligations and interests. The types and amounts of insurance required herein shall not serve to in any way limit the liability of the Contractor, including under any warranty or indemnity provision of this Contract, or any other obligation whatsoever Contractor may have to Utilities or others.