HomeMy WebLinkAbout04.3 Exhibit D - INSURANCE EXHIBIT D
Exhibit D – Insurance & Indemnification Page 1 of 3 2019 City-wide Striping
INSURANCE & INDEMNITY REQUIREMENTS FOR CONSTRUCTION PROJECTS
Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of
or in connection with the performance of this Contract except for injuries and damages caused by the
sole negligence of the City.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of
the Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of this Agreement.
Insurance
The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors,
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and
shall cover liability arising from premises, operations, independent contractors, products- completed
operations, personal injury and advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City using ISO additional insured
endorsement CO 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Minimum Amounts of Insurance
EXHIBIT D
Exhibit D – Insurance & Indemnification Page 2 of 3 2019 City-wide Striping
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per occurrence or $1,000,000 single limit.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability, Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of
the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return receive
requested, has been given to the City. The word “endeavor” is not acceptable language
regarding the required notification.
3. The insurance policies shall include the City as Additional Named Insured.
D. Contractor’s Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any
tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by
the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary
structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-
subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to
the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the
Insurance Requirements Section of this Contract or other property insurance applicable to the work. The
policies shall provide such waivers by endorsement or otherwise,
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the Automobile
Liability and Commercial General Liability insurance of the Contractor before commencement of the
work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the
Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and
endorsements related to this project.
EXHIBIT D
Exhibit D – Insurance & Indemnification Page 3 of 3 2019 City-wide Striping
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the same insurance requirements as stated herein for the Contractor.