Loading...
HomeMy WebLinkAboutCityOfOshkoshInsuranceRequirements Insurance Requirements for the City of Oshkosh Revised: February 7, 2024 Revised: April 26, 2022 Revised: April 11, 2022 Revised: February 1, 2022 Revised: December 20, 2018 Revised: May 12, 2014 Revised: April 14, 2014 Revised: October 23, 2013 Revised: July 16, 2012 Revised: May 25, 2012 Revised: May 9, 2012 Revised: December 21, 2011 Revised: March 31, 2011 Original: January 14, 2011 4/26/22 City of Oshkosh Insurance Requirements INTRODUCTION The City’s Insurance Requirements describe the insurance required, some of which identify the risks to be covered and allow the Contractor and its I nsurer some flexibility in covering those risks. The City will not be reviewin g each and every detail of the Contractor’s policy, but expects that the required covera ge exists. The City’s action, or inaction, of allowing the contract to proceed does not act as a waiver of any insurance requirement or an alteration of any required term of the contract. To the contrary, the City rel ies on the affirmations of the Contractor and to the extent that such affirmations are false, misleading, or in error, t he City reserves the right to, in addition to enforcement of contract requirements, the ability to pursue any false, misleading, or erroneous affirmations. It is important that the City of Oshkosh is adequately protected from loss due to the negligence of others (contractors, suppliers, vendors, etc.) who are working for, with, or on behalf of the City of Oshkosh. To help achieve this goal, the City of Oshkosh requires that other parties carry a certain level of insurance that will protect, defend and indemnify the City from losses arising out of their activities or from their products. The following standards have been established to help provide direction and consistency for City of Oshkosh Departments. Until the appropriate certificate of insurance verifying the required coverage is obtained, the City of Oshkosh will NOT be issuing a license, permit or entering into a contract. Insurance requirements for jobs or activities such as asbestos abatement, pollution clean up, oil recycling, hazardous waste removal, or any new contract or activity where it is not clear what level of insurance should be required will be determined by the City Attorney an d the Safety & Risk Management Officer. The City Attorney and/or the Safety & Risk Management Officer are responsible for the review of all certificates of insurance to determine if they meet the insurance requirements. There may be times when an organization or Contractor can not meet the insurance requirements. Any significant variance from the standards must be authorized by the City Attorney and/or the Safety & Risk Management Officer. 4/26/22 INSURANCE STANDARDS INDEX I. Contractor’s Insurance with Construction Insurance Requirements II. Contractor’s Insurance without Construction Insurance Requirements III. Professional Services Liability Insurance Requirements IV. Pollution Exposures Liability Insurance Requirements (Must be combined with I, II, or III above for proper coverage) V. Right-Of-Way Obstruction / Right-Of-Way Annual Excavation / Right-Of-Way Single Site Excavation / Work In Right-Of-Way Licenses Insurance Requirements VI. Housing Improvement Programs / Block Grants Construction Insurance Requirements VII. Special Events Insurance Requirements VIII. Razing and Removal of Buildings and Material Insurance Requirements IX. Mobile Vending Insurance Requirements X. Garage and Garage Keepers Insurance Requirements XI. Natural Prairie Burning Insurance Requirements 4/11/22 I - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS I. CONTRACTOR'S INSURANCE WITH CONSTRUCTION INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY, BONDS & PROPERTY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)”if” the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products – Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– “Any Auto” basis. C. Workers’ Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen’s and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 4/11/22 I - 2 E. Aircraft Liability, “if” the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder’s Risk / Installation Floater / Contractor’s Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. 1. The “property” insurance amount must be at least equal to the bid amount, plus or minus any change orders. It must also include value of Engineering or Architect fees relating to the property. 2. Covered property will include property on the p roject work sites, property in transit, and property stored off the project work sites. 3. Coverage will be on a Replacement Cost basis. 4. The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, engineer consultants, contractors, and subcontractors will be added as named insureds to the policy. 5. Coverage must be written on a “special perils” or “all risk” perils basis. Coverage to include collapse. 6. Coverage must include coverage for Water Damage (including but not limited to flood, surface water, hydrostatic pressure) and Earth movement. 7. Coverage must be included for Testing and Start up. 8. If the exposure exists, coverage must include Boiler & Machinery coverage. 9. Coverage must include coverage for Engineers and Architects fees. 10. Coverage must include Building Ordinance or Law coverage with a limit of at least 5% of the contract amount. 11. The policy must cover/allow Partial Utilization by owner. 12. Coverage must include a “waiver of subrogation” against any named insureds or additional insureds. 13. Contractor will be responsible for all deductibles and coinsurance penalties. G. Also, see requirements under Section 3. 4/11/22 I - 3 H. Bond Requirements Bond forms acceptable by the City of Oshkosh are found on the last 6 pages of this document. 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract’s execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers’ Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements , excluding Umbrella Liability, contained in Section 1 above. 3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 4/11/22 II - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS II. CONTRACTOR’S INSURANCE WITHOUT CONSTRUCTION INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteer s will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY & BONDS A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)”if” the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products – Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Busines s Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– “Any Auto” basis. C. Workers’ Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen’s and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 4/11/22 II - 2 E. Aircraft Liability, “if” the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. The contractor is responsible for loss and coverage for Builder’s Risk, Installation Floater, Contractor’s Equipment and Property exposures . City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. H. Bond Requirements Bond forms acceptable by the City of Oshkosh are found on the last 6 pages of this document. 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract’s execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers’ Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements , excluding Umbrella Liability, contained in Section 1 above. 4/11/22 II - 3 3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 4/14/14 III - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE– If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - “Any Auto” – including Owned, Non-Owned and Hired Automobile Liability. 4/14/14 III - 2 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – “If” required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 6. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Professional Liability, Workers Compensation and Employers Liability. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 12/20/18 IV - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS IV. POLLUTION EXPOSURES LIABILITY INSURANCE REQUIREMENTS (If exposure exists, this coverage is in addition to and combined with Insurance Standards I or II) The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and shall remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below, whichever is longer. 1. CONTRACTORS POLLUTION LIABILITY A. Definition of “Covered Operations” in the policy must include the type of work being done for the City of Oshkosh. B. Limits of Liability: $1,000,000 Each loss for Bodily Injury, Property Damage, Environmental Damage $1,000,000 Aggregate for Bodily Injury, Property Damage, Environmental Damage (Environmental Damage includes Pollution and Clean -up costs) C. Deductible must be paid by Contractor D. If Subcontractors are used in the work, then this policy must also cover the Subcontractors 2. MOTOR VEHICLE / AUTOMOBILE POLLUTION LIABILITY – required “if” the exposure exists A. Definition of “Covered Operations” in the policy must include the type of work being done for the City of Oshkosh B. Limits of Liability: $1,000,000 Each loss for Bodily Injury, Property Damage, Environmental Damage $1,000,000 Aggregate for Bodily Injury, Property Damage, Environmental Damage (Environmental Damage includes Pollution and Clean -up costs) C. Deductible must be paid by Contractor 12/20/18 IV - 2 D. If Subcontractors are used in the work, then this policy must also cover the Subcontractors E. Must cover Motor Vehicle loading and unloading (Please show on Certificate of Insurance) 3. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. B. Additional Insured Requirements – The following must be named as additional insureds on the Contractor’s Pollution and (if exposure exists) Automobile Pollution Liability coverage for liability arising out of project work…City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 12/20/18 V - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS V. RIGHT-OF-WAY OBSTRUCTION / RIGHT-OF-WAY ANNUAL EXCAVATION / RIGHT-OF-WAY SINGLE SITE EXCAVATION / WORK IN RIGHT-OF-WAY LICENSES INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not cont ribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $500,000 each occurrence limit (2) $500,000 personal liability and advertising injury (3) $500,000 general aggregate (4) $500,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 2. BUSINESS AUTOMOBILE COVERAGE– If this exposure shall exist: A. $500,000 Combined Single Limit for Bodily Injury and Property Damage each accident. B. Must cover liability for Symbol #1 - “Any Auto” – including Owned, Non-Owned and Hired Automobile Liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – “If” required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employee 12/20/18 V - 2 4. BUILDER’S RISK / INSTALLATION FLOATER / CONTRACTOR’S EQUIPMENT OR PROPERTY The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. 5. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 4/14/14 VI - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS VI. HOUSING IMPROVEMENT PROGRAMS / BLOCK GRANTS CONSTRUCTION INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the Department of Community Development before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $500,000 each occurrence limit (2) $500,000 personal liability and advertising injury (3) $500,000 general aggregate (4) $500,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 2. BUSINESS AUTOMOBILE COVERAGE– If this exposure shall exist: A. $500,000 Combined Single Limit for Bodily Injury and Property Damage each accident. B. Must cover liability for Symbol #1 - “Any Auto” – including Owned, Non-Owned and Hired Automobile Liability. 4/14/14 VI - 2 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – “If” required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employee 4. BUILDER’S RISK / INST ALLATION FLOATER / CONTRACTOR’S EQUIPMENT OR PROPERTY The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. 5. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to Department of Community Development – City of Oshkosh. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the Department of Community Development – City of Oshkosh. 5/12/14 VII - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS VII. SPECIAL EVENT INSURANCE REQUIREMENTS All sponsors, organizations, or any other person or group scheduling a special event shall procure at their expense, a policy of insurance subject to the following minimum requirements. The decision as to whether and what level of insurance shall be required shall be made by the City Manager upon consultation with the Department/Division Head and City Attorney and will be based upon the nature of the activity and the risk involved . I. Low Risk Events Insurance will not be required for Low Risk Events and no hold harmless agreement will be required. Low Risk Events includes only those events at which there is no sale of food or other merchandise, which do not involve an alcohol beverage permit/license, which have no planned competitive physical events, and which anticipate the attendance of 250 or less persons. Some examples of low risk activities are block parties, walks of 5K or less distance, small theatrical performances, and private gatherings such as weddings. II. Medium Risk Events Medium Risk Events include only events which include the sale of food or other merchandise, but which do not involve an alcohol beverage permit/license and which anticipate attendance of 5000 or fewer persons. Some examples of Medium Risk activities are farmers markets, parades with no animals, art fairs, flea markets, run/walks of 5K or less distance, car or motorcycle shows, and fishing tournaments. Medium Risk Events Insurance Requirements The insurance as required by the City of Oshkosh is primary coverage and any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance sha ll be in full force prior to commencing the event and remain in force throughout the entire event, including the clean up period after the event. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $500,000 each occurrence limit (2) $500,000 personal injury and advertising injury (3) $500,000 general aggregate (4) $500,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include the following: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Products/Completed Operations (5) The general aggregate must apply separately to this event 5/12/14 VII - 2 2. BUSINESS AUTOMOBILE COVERAGE – If this exposure shall exist: A. $250,000 each person / $500,000 each accident for bodily injury and $100,000 for property damage OR $500,000 combined single limit for bodily injury and property damage each accident. B. Must cover liability for “any auto” – including owned, non-owned and hired automobile liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – If required by Wisconsin State Statutes, the event organizer: 1. Must carry coverage for Statutory Workers Compensation and Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employee 4. AIRCRAFT LIABILITY (including helicopter) – owned, non-owned or hired. A. If this exposure shall exist, the limits must be at least $5,000,000 combined single limit for bodily injury (injury passenger liability) and property damage s. B. Any liability exclusions relating to slung cargo must be deleted. III. High Risk Events High Risk Events are events which include any of the following: 1) which involve an alcohol beverage permit/license, 2) which anticipate attendance of more than 5000 persons, 3) which involve fireworks or any other form of explosive device, 4) which include bonfires or other open fires, 5) which include amusement rides, 6) events with any typ e of aircraft or helicopter, 7) events with live animals, or 8) events that include use of inflatable’s (e.g.: trampolines, slides, bounce houses), rock walls, waterslides, dunk tanks or bungee jumps. Some examples of High Risk activities are carnivals, parades with live animals, marathons/runs/walks of more than 5K in distance, bike/motorcycle or snowmobile rides or races, concerts, dances, and animal shows. High Risk Events Insurance Requirements The insurance as required by the City of Oshkosh is primary coverage and any insurance or self insurance maintained by the City of Oshkosh, its officers , council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing the event and remain in force throughout the entire event, including the clean up period after the event. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit for Bodily Injury and Property Damage (2) $1,000,000 personal injury and advertising injury (3) $1,000,000 general aggregate (4) $1,000,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. 5/12/14 VII - 3 C. Insurance must include the following: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Products/Completed Operations 2. BUSINESS AUTOMOBILE COVERAGE – If this exposure shall exist: A. $250,000 each person / $500,000 each accident for bodily injury and $100,000 for property damage OR $500,000 combined single limit for bodily injury and property damage each accident. B. Must cover liability for “any auto” – including owned, non-owned and hired automobile liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – If required by Wisconsin State Statutes, the event organizer: A. Must carry coverage for statutory workers compensation and employers liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employee 4. AIRCRAFT LIABILITY (including helicopter) – owned, non-owned or hired. A. If this exposure shall exist, the limits must be at least $5,000,000 combined single limit for bodily injury (injury passenger liability) and property damages. B. Any liability exclusions relating to slung cargo must be deleted. ADDITIONAL PROVISIONS WHEN INSURANCE IS REQUIRED Additional Insured Requirement – For general liability coverage, business automobile liability coverage, and aircraft liability, the following must be listed as additional insureds: City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers. This requirement is waived for UW-Oshkosh, Fox Valley Technical College, Oshkosh Area School District, and the Unified Catholic Schools of Oshkosh, and any other educational/municipal organizations that are similar. The City of Oshkosh requires 30 day written notice of cancellation, non -renewal or material change in the insurance coverage be given to the City Clerk – City of Oshkosh. The insurance coverage required must be provided by an insurance carrier with the A.M. Best rating of no less than A- and a Financial Size Category of no less than Class V I and who are authorized as an admitted insurance company in the state of Wisconsin. The certificate of insurance shall be satisfactory proof of insurance of said policies and shall be filed at the office of the City Clerk for the City of Oshkosh a minimum of ten (10) business days prior to the scheduled event. If these requirements are not met, the event cannot be held on city property. 2/7/24 VIII-1 CITY OF OSHKOSH INSURANCE REQUIREMENTS VIII. RAZING AND REMOVAL OF BUILDINGS AND MATERIAL INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or lis ted below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)”if” the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products – Completed Operations coverage must be carried for two years after acceptance of work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1 – “Any Auto” basis. C. Workers’ Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen’s and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a ma ximum self-insured retention of $10,000. E. Aircraft Liability, “if” the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. 2/7/24 VIII-2 F. Builder’s Risk / Installation Floater / Contractor’s Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. H. Bond Requirements Bond forms acceptable by the City of Oshkosh are found on the last 6 pages of this document. 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract’s execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers’ Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. 3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. 2/7/24 VIII-3 C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 4/26/22 IX - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS IX. MOBILE VENDING INSURANCE REQUIREMENTS This insurance is required of mobile vendors by the City of Oshkosh. The vendor’s insurance shall be primary coverage for the City of Oshkosh for applicable events related to this vending function. Insurance, or self-insurance, maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss related to an incident related to the mobile vendor. All insurance shall be in full force before operation of the mobile vending unit is allowed, and shall remain in force for the whole term in which the mobile vendor is operating the mobile vending unit. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit for Bodily Injury and property Damage (2) $1,000,000 personal liability and advertising injury (3) $1,000,000 general aggregate (4) $1,000,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Products/Completed Operations (5) The general aggregate must apply separately to this project/location 2. BUSINESS AUTOMOBILE COVERAGE – If this exposure shall exist: A. $250,000 each person / $500,000 each accident for bodily injury and $100,000 for property damage OR $500,000 combined single limit for bodily injury and property damage each accident. B. Must cover liability for “any auto” – including owned, non-owned and hired automobile liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – If required by Wisconsin State Statutes, the event organizer: A. Must carry coverage for statutory workers compensation and employers liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employee 4/26/22 IX - 2 4. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance must be provided by an insurance carrier with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – For general liability coverage and business automobile liability coverage, the following must be listed as additional insureds: City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted 15 days prior to operation of the mobile vending unit. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 5/12/14 X-1 CITY OF OSHKOSH INSURANCE REQUIREMENTS X. GARAGE AND GARAGE KEEPERS INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. LIABILITY COVERAGE A. Garage Liability – The following minimum Limits of Liability are required: 1. $1,000,000 Auto Only 2. $1,000,000 Other than Auto – Each Accident 3. $3,000,000 Other than Auto - Aggregate B. Garage Keepers Liability – Must be “Primary” Basis 1. Limit of Insurance - $75,000 2. Perils/Deductible a) Comprehensive - $500 Deductible (maximum) b) Collision - $500 Deductible (maximum) 3. Must cover vehicles being towed AND stored (if the exposure exists within the scope of the work) 2. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – “If” required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: 1. $100,000 Each Accident 2. $500,000 Disease Policy Limit 3. $100,000 Disease – Each Employee 3. APPLICABLE TO ALL CONTRACTS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. This does not apply to Workers Compensation Policies. 5/12/14 X-2 C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. 4/26/22 XI-1 CITY OF OSHKOSH INSURANCE REQUIREMENTS XI. NATURAL PRAIRIE BURNING INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self-insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and undergrou nd coverage (5) Products/Completed Operations must be carried for 1 year after acceptance of completed work D. Insurance may NOT exclude property damage due to fire. 2. BUSINESS AUTOMOBILE COVERAGE– If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - “Any Auto” – including Owned, Non-Owned and Hired Automobile Liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – “If” required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employe 4/26/22 XI-2 4. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 1 year after acceptance of work. This does not apply to Workers Compensation. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh.