Public Works Contracts

CONTRACTOR, at CONTRACTOR’S expense, shall obtain and maintain insurance at all times during the prosecution of the Contract, in companies and through agencies approved by the DISTRICT and with limits not less than those stated hereinafter.

Acceptance of the Certificates of Insurance shall not relieve or decrease the liability of the CONTRACTOR.

Certificates of Insurance shall be originally signed by an authorized representative and shall be submitted in duplicate and shall contain transcripts from the policies authenticated by the proper office of the insurer evidencing, in particular, those insured, the extent of the insurance, the location of and the operation to which the insurance applies and thirty (30) day NOTICE OF CANCELLATION of the policy.  Policy shall read “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED”.

All of CONTRACTOR’S insurance policies shall name the FRESNO UNIFIED SCHOOL DISTRICT and its employees and agents, as additional insured.  Certificates of Insurance must have attached Additional Insured Endorsement (Insurance Services Officer form CG2010).  Such policy(ies) of insurance shall be endorsed so that the CONTRACTOR’S insurance shall be primary and no contribution shall be required of the DISTRICT.

Insurance coverage’s shall not be less than the following:

Workers’ Compensation in accordance with the provisions of Section 3700 of the Labor Code.  CONTRACTOR shall sign and file with DISTRICT the following certificate prior to performing the work under this contract:  “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with those provisions before commencing the performance of the work of this contract.”  The form for this certificate is included as a part of the Contract Documents.

Comprehensive General Liability coverage must be written on an occurrence, as opposed to claims made basis, with policy limits of no less than $2,000,000 CSL (combined single limit), BI (bodily injury) and PD (property damage) and include coverage for Premises – operations, Contractual liability, Products, and Completed operations.

Comprehensive Auto Liability insurance with limits of not less than $1,000,000 CSL, BI and PD

Builder’s Risk Insurance.  Prior to commencement of work, CONTRACTOR shall submit certificates evidencing that it has obtained , for the period of the Contract, Builder’s Risk Completed Value insurance coverage upon the entire project which is the subject of this Contract, including work completed or in progress.

Independent Contractor Agreements

Insurance. Without limiting “Contractor” indemnification, it is agreed that “Contractor” shall secure and maintain in force during the term of this Agreement a Commercial General Liability policy (Contractual liability included) utilizing an occurrence policy form, with limits of not less than two million ($2,000,000) dollars per occurrence, four million ($4,000,000) annual aggregate limit.

Business automobile Liability Insurance shall be maintained for owned, scheduled, non-owned or hired automobiles with a combined single limit not less than two million ($2,000,000) dollars per occurrence. In the event “Contractor” is working with students individually or providing professional services to students, “Contractor” shall maintain a policy providing coverage for sexual molestation and/or abuse claims. In the event that “Contractor’s” Commercial General liability policy excludes coverage for sexual molestation and/or abuse claims shall be required to procure a separate or supplemental policy providing such coverage.

The limits of coverage for the abuse and molestation policy shall be not less than $2,000,000 per claim and $4,000,000 aggregate.

If any of the required policies provide coverage on a claims-made basis then the following shall apply;

1) The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work;

2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work;

3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Self-insured retentions must be declared to and approved by District.

The District may require “Contractor” to provide proof of ability to pay losses and related investigations, claims administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the District. The District shall be named as an additional insured on the policies by separate endorsement. A Certificate of Insurance and endorsements shall be attached to the Agreement as proof of insurance. The “Contractor” policy shall provide that it is primary such that insurance maintained by the District, if any, shall be excess and not co-primary. “Contractor” shall produce the policy for District, upon request.

Delivery of Insurance Documents

Insurance Certificates shall include the Accord and endorsements.

They must note Fresno Unified School District, 4498 N. Brawley, Fresno, CA 93722

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