Certificates of Insurance
Without limiting any liability of or any other obligation of Contractor, unless more specific insurance provisions are attached to the PO or any supplemental contract or a waiver from such requirements is agreed to in writing by TTUS Procurement Services, Contractor will purchase and maintain (and cause its subcontractors to purchase and maintain), until all of their obligations have been discharged or satisfied, including any warranty periods under the Contract, insurance as described below:
Consistent with its status as an independent contractor, Contractor will carry and cause its Subcontractors to carry at least the following insurance, with companies authorized to do business in Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code. TTUS in no way warrants that these limits are sufficient to protect Contractor from liabilities that might arise out of the performance of the scope of work
Contractor will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. Contractor is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which TTUS maintains.
- Minimum Limits of Insurance: Contractor agrees to furnish insurance certificates reflecting the following minimum
Commercial General Liability – ISO form CG 00 01 or its equivalent. Coverage to include:
- Premises and Operations
- Personal Injury/Advertising Injury
- Products/Completed Operations
- Liability assumed under an Insured Agreement (including tort liability of another assumed in a business contract)
- Independent Contractors
Workers' Compensation and Employers' Liability – Workers' Compensation (Coverage A) and Employers' Liability (Coverage B)
Workers Compensation (Coverage A) Statutory Employer's Liability (Coverage B) $1,000,000
Contractors with no employees may waive the Workers' Compensation requirements.
Commercial General Liability, including products and completed operations
a. General Aggregate $2,000,000 b. Products/Completed Operations Aggregate $2,000,000 c. Each Occurrence Limit $1,000,000 d. Personal Advertising Injury $1,000,000 e. Damage to Rented Premises $50,000 f. Medical Payments (any one person) $5,000
- Automobile Liability: If Contractor will be driving a company vehicle on a TTUS owned/leased property,
the following section shall be applicable:
Automobile Liability: (owned vehicles, leased vehicles, hired vehicles, non-owned and employee non-owned vehicles) Personal Injury Protection (where applicable).
Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles)
Bodily Injury/Property Damage (each accident) $1,000,000 Personal Injury Protection Statutory
If the company owns no company vehicles, then personal auto insurance will be maintained at the limits specified by the State of Texas.
- Technology: The following section shall apply but is not strictly limited to the purchasing or
leasing of software by TTUS; the receipt, storage, and maintenance, by the Contractor,
of TTUS data; the storage or collection of online payment information by the Contractor,
or if TTUS is purchasing Goods or Services that involves the cloud or connects to
the TTU network.
Coverage:Cyber Liability First and Third Party
Cyber Liability First and Third Party $10,000,000
- Professional Liability: The following section shall apply if the Contractor will provide Professional or Consulting
Services as defined by Texas Government Code 2254 to TTUS, including but not limited
to: accounting, architecture, landscape architecture, land surveying, medicine, optometry,
professional engineering, real estate appraising, professional nursing, or provided
in connection with the professional employment or practice of a person who is licensed
or registered as: a certified public accountant, an architect, a landscape architect,
a land surveyor, a physician (including a surgeon), an optometrist, a professional
engineer, a state certified or state licensed real estate appraiser, or a registered
Professional Liability $1,000,000
NOTE: An umbrella policy may be used to reach required limits.
Commercial General Liability (“CGL”) must include coverage for liability arising from Goods or Services completed operations and liability assumed under an insured Contract.
- If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Agreement, and the limit must be twice the minimum required occurrence limit.
- Contractor will name TTUS, and its Board of Regents, officers, employees, agents, and volunteers as Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.
The CGL policy shall contain no endorsements or modification limiting the scope of coverage for liability assumed under a Contract, or liability arising from pollution.
Additional Insured, Subrogation. All policies must include a waiver of subrogation favoring TTUS. With the exception of the Workers' Compensation and Professional Liability policies, TTUS must be an additional insured on all policies.
Certificates of Coverage. Within thirty (30) after the Effective Date of the Contract or PO and at least thirty (30) days prior to the commencement of any renewal term of the Contract or PO, or upon renewal of the policies, Contractor shall furnish TTU Procurement Services with certificates of insurance in a form acceptable to TTUS, certifying that the Contractor carries the required insurance policies and coverage. The certificates shall be sent to TTU Procurement Services at firstname.lastname@example.org. Failure of TTU to request such certificates does not eliminate the requirement for the Proposer to maintain the required coverage.
Notification of Cancellation. Contractor will endeavor to notify TTU Procurement Services in writing thirty (30) days before any material change or cancellation of any insurance policy. In the event Contractor receives notice of modification or cancellation of any of the policies required under any Contract, then prior to the effective date of modification or cancellation of the policy, the Contractor will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TTUS. If Contractor fails to obtain such an insurance policy, TTUS may immediately terminate the Contract or PO after providing Contractor with written notice of such termination.