Bulk Industrial Gases and Tank Rental

GENERAL INSURANCE REQUIREMENTS:

The Contractor shall provide a Certificate of Insurance as verification of coverages and endorsements required in Section B., Specific Insurance Requirements, to the City prior to Contract execution and within 14 calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage.

All endorsements naming the City as additional insured, waivers, and notices of cancellation shall indicate, and the Certificate of Insurance shall be mailed to the following address:

City of Austin Austin Financial Services - Central Procurement 721 Barton Springs Road Austin, TX 78704

OR

The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor.

The City may request that the Contractor submit certificates of insurance to the City for all Subcontractors prior to the Subcontractors commencing work on the project.

The Contractor's and all Subcontractors' insurance coverage shall be written by companies authorized to do business in the State of Texas and have an A.M. Best rating of B+VII or better.

The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable.

If insurance policies are not written for amounts specified in Section B., Specific Insurance Requirements, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.

The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies.

The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in exposure, statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor.

The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract.

The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. Self-insured retentions greater than $499,999 shall be disclosed on the Certificate of Insurance.

If any required insurance is written on a claims-made basis, the Certificate of Insurance shall state that the coverage is claims-made and the retroactive date shall be prior to or coincident with the date of the Contract and the coverage continuous and shall be provided for 24 months following the completion of the Contract.

The insurance coverages specified in Section B., Specific Insurance Requirements, are required minimums and are not intended to limit the responsibility or liability of the Contractor.

Specific Insurance Coverage Requirements:

The Contractor, as an independent contractor, shall maintain and shall require all Subcontractors to maintain insurance coverage in the types and minimum limits specified below. Such coverage must remain in full force for the entire duration of the Contract, including any extension options, holdover periods, and any applicable warranty periods. All required insurance must be provided without interruption and must be suicient to meet all contractual obligations throughout the performance of the work.

i. Worker's Compensation and Employer's Liability: The Contractor shall maintain Worker's Compensation Insurance providing all statutory benefits as required under the Texas Workers' Compensation Act (Labor Code Section 401 et seq.). Employer's Liability insurance shall be included with limits not less than:

a) $1,000,000 for bodily injury by accident;

b) $1,000,000 for bodily injury by disease (policy limit); and

c) $1,000,000 for bodily injury by disease (each employee).

Coverage shall include an Alternate Employer Endorsement to ensure protection for all parties identified under this Contract.

ii. Commercial General Liability Insurance: The Contractor shall maintain Commercial General Liability (CGL) Insurance with limits not less than:

a) $2,000,000 per occurrence;

b) $5,000,000 in the aggregate; and

c) $5,000,000 aggregate limit for Products-Completed Operations.

Coverage shall be written on an ISO Form CG 00 01 04 13, or other form

acceptable to The City. Products-completed operations coverage shall apply

through the expiration of all applicable statutes of limitation and statues of repose.

The CGL policy shall include, with no sublimit or exclusion:

1) Broad-form third party bodily injury, including death;

2) Broad-form property damage, including loss of use;

3) Premises and operations;

4) Contractual liability, including tort liability of another assumed in a

written agreement;

5) Independent contractors;

6) Defense expenses provided outside the policy limits.

7) Explosion, Collapse, and Underground Property Damage (XCU);

8) Liability for work within 50 feet of a railroad or a railroad right of way;

9) Sudden and accidental pollution liability;

10) Wildfire liability coverage that includes suppression costs; and

11) Rigger's liability

iii. Automobile Liability Insurance: The Contractor shall maintain Automobile Liability Insurance including coverage for all owned, non-owned, hired, and leased vehicles, including loading, and unloading, with limits not less than $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as the most current ISO CA 00 01 form. Coverage shall include pollution coverage on ISO form CA 99 48, or its equivalent.

iv. Umbrella/Excess Liability Insurance: The Contractor shall maintain Umbrella/Excess Liability Insurance provided on a follow-form basis, including drop-down coverage with limits not less than $5,000,000 per occurrence and in the aggregate. Coverage shall be on an occurrence form and apply in excess of the following underlying policies:

a) Employer's Liability

b) Commercial General Liability

c) Automobile Liability

The Umbrella/Excess Liability policy shall not contain any endorsements that restrict the underlying policies or exclude cross-liability. The policy must maintain the same breadth of protection as the underlying coverage and provide seamless extension of limits.

v. Professional Liability: The Contractor shall maintain Professional Liability Insurance with limits not less than $1,000,000 per claim and in the aggregate for liability arising out of any negligent act, error, or omission in the performance of services under this Contract, including consequential financial loss. If written on a claims-made basis, the retroactive date must precede the commencement of any work under this Contract, and coverage must be maintained-or an extended reporting period purchased-for a minimum of three (3) years following completion of all work.

vi. Environmental Impairment Liability/Pollution Legal Liability Insurance: The Contractor shall maintain Environmental Impairment Liability/Pollution Legal Liability Insurance with limits not less than $1,000,000 per claim to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages, including bodily injury; property damage, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims by reason of sudden and accidental or non-sudden and accidental pollution arising out of the transportation, storage, or permanent disposal of hazardous and nonhazardous wastes, including wastes subject to the Toxic Substances Control Act (TSCA). With respect to sudden and accidental occurrences, all Contractors and/or Subcontractors who own or operate a treatment, storage and disposal facility must demonstrate financial responsibility for bodily injury and property damage to third parties and clean-up costs of at least $1,000,000 per occurrence. With respect to non-sudden and accidental occurrences, all Contractors and/or Subcontractors who own or operate a surface impoundment, landfill or land treatment facility that is used to manage hazardous wastes, including wastes subject to the Toxic Substances Control Act (TSCA), must demonstrate financial responsibility for bodily injury and property damage to third parties and clean-up costs of at least $1,000,000 per occurrence. The amounts of coverage must be exclusive of legal defense costs.

Endorsements:

The specific insurance coverage endorsements specified above, or their equivalents must be provided. If endorsements, which are the equivalent of the required coverage, are proposed to be substituted for the required coverage, copies of the equivalent endorsements must be provided for the City's review and approval.

SUBCONTRACTOR INSURANCE:

Contractor shall require all subcontractors and vendors of every tier to obtain and maintain at their sole cost and expense, insurance coverage in accordance with Contractor's normal practices and industry standards. Such coverage shall include additional insured, waiver of subrogation, and primary/noncontributory

endorsements in favor of The City as required by Contractor herein.

ADDITIONAL INSURED:

The City shall be included as additional insureds on each of the Contractor's policies except when applicable, for workers' compensation, professional liability, technology errors and omissions, and/or cyber insurance.

The additional insured protection for the commercial general liability and coverage and be provided on an ISO endorsements CG 20 10 07/04 and CG 20 37 07/04 or its equivalent.

ii. Additional Insured coverage shall not be limited to the minimum amounts of insurance required by written agreement and shall extend through the expiration of all applicable statutes of limitation and statutes of repose. Contractor shall require its subcontractors to include The City as additional insureds on the subcontractor- required insurance in compliance with the requirements herein.

WAIVER OF SUBROGATION:

Contractor waives and shall cause all its insurers and subcontractors to waive all rights of subrogation and set-off against The City. All insurance policies shall be endorsed to provide such waivers of subrogation.

PRIMARY/NON-CONTRIBUTORY:

Contractor and its subcontractors' insurance coverage shall be primary, and any insurance or self-insurance of The City shall be excess and non-contributory to Contractor's coverage. Any Contractor policy stating that it applies on an excess or pro rata basis shall be endorsed to apply on a primary/noncontributory basis with respect to The City.

Severability of Interests:

All Contractor policies shall provide or be endorsed to include a severability of interest's provision. There shall be no exclusion for cross liability.

Notice of Cancellation:

All policies shall be endorsed to provide The City with a minimum of 30 days advance written notice of cancellation, 10 days advance notice in the event of cancellation for non-payment of premium.