Standard Insurance Requirements for Goods and Services
The Contractor shall obtain and maintain, at its own expense and for the duration of the contract, the minimum insurance coverages set forth below. By requiring such minimum insurance, the School shall not be deemed or construed to have assessed the risk that may be applicable to the Contractor under this contract. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.
Contractor and its Subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Master Agreement. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Contractor and Mines.
If Contractor is a “public entity” within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Contractor shall maintain at all times during the term of this Master Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Contractor shall show proof of such insurance satisfactory to Mines, if requested by Mines. Contractor shall require each contract with a Subcontractor that is a public entity, to include the insurance requirements necessary to meet such Subcontractor’s liabilities under the GIA.
If Contractor is not a “public entity” within the meaning of the GIA, Contractor shall obtain and maintain during the term of this Master Agreement insurance coverage and policies meeting the same requirements set forth in §11(B) with respect to Subcontractors that are not “public entities”.
Contractor and Subcontractor Insurance Requirements
Contractor shall require each contract with Subcontractors, other than those that are public entities, providing Goods or Services in connection with this Master Agreement, to include insurance requirements substantially similar to those contained herein. Contractor and Contractor’s Subcontractors, if any, are required to provide the following insurance:
Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Contractor or Subcontractor employees acting within the course and scope of their employment.
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) \$1,000,000 each occurrence; (b) \$1,000,000 general aggregate; (c) \$1,000,000 products and completed operations aggregate; and (d) \$50,000 any one fire.
If any aggregate limit is reduced below \$1,000,000 because of claims made or paid, Subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Contractor a certificate or other document satisfactory to Contractor showing compliance with this provision.
Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of \$1,000,000 each accident combined single limit.
Mines shall be named as additional insured on all Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent) required of Contractor and any Subcontractors hereunder.
Primacy of Coverage
Coverage required of Contractor and Subcontractor shall be primary over any insurance or self-insurance program carried by Contractor or Mines.
The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor and Contractor shall forward such notice to Mines in accordance with §14 (Notices and Representatives) within seven days of Contractor’s receipt of such notice.
All insurance policies in any way related to this Master Agreement and secured and maintained by Contractor or its Subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Contractor or Mines, its agencies, institutions, organizations, officers, agents, employees, and volunteers.
Contractor and all Subcontractors shall provide certificates showing insurance coverage required hereunder to Mines within seven business days of the Effective Date of this Master Agreement. No later than 15 days prior to the expiration date of any such coverage, Contractor and each Subcontractor shall deliver to Mines or Contractor certificates of insurance evidencing renewals thereof. In addition, upon request by Mines at any other time during the term of this Master Agreement or any subcontract, Contractor and each Subcontractor shall, within 10 days of such request, supply to Mines evidence satisfactory to Mines of compliance with the provisions of this section.
The parties hereto understand and agree that the School is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., as from time to time amended, or otherwise available to the School or its officers, employees, agents, and volunteers.
Mines and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery.