Exhibit E Insurance Requirements
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Page 1 of 4 EXHIBIT E INSURANCE REQUIREMENTS GPEC, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. GPEC’s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor’s acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. GPEC shall be solely responsible for the deductible and/or self retention and City, at its option, may require GPEC to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise GPEC of any deficiencies in such policies and endorsements, and such receipt shall not relieve GPEC from, or be deemed a waiver of, City’s right to insist on strict fulfillment of GPEC’s obligations under this Agreement. The insurance policies, except Workers’ Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Page 2 of 4 Commercial General Liability GPEC shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.’s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for GPEC’s operations and products and completed operations. If required by this Agreement, if GPEC sublets any part of the work, services or operations, GPEC shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor’s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of GPEC’s work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues GPEC’s Commercial General Liability insurance. Automobile Liability GPEC shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to GPEC’s owned, hired, and non-owned vehicles assigned to or used in performance of GPEC’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers’ Compensation GPEC shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of GPEC’s employees engaged in the performance of the work or services; and, Employer’s Liability insurance of not Page 3 of 4 less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, GPEC certifies as follows: “I am aware and understand the provisions of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement.” If GPEC has no employees for whom workers’ compensation insurance is required, GPEC shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when GPEC employs any employees subject to coverage. In case any work is subcontracted, GPEC will require subcontractors to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of GPEC. Professional Liability GPEC will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by GPEC, or any person employed by GPEC, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, GPEC shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by GPEC’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney’s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend for two (2) years past completion and acceptance of GPEC’s work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the term of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. Page 4 of 4 Policies or certificates and completed forms of City’s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required under this Agreement shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: “Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy.” Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days’ prior written notice to City.