MINNESOTA STATE COLLEGES AND UNIVERSITIES
General Insurance Requirements for Contractors & Vendors
Rev. 9/7/11 Page 1 of 5
Certificate of Liability Insurance, Form ACORD25:
Following are the insurance requirements of the State of Minnesota acting through its Board of
Trustees of the Minnesota State Colleges and Universities, hereinafter called “MnSCU.”
CONTRACTOR shall not commence Work under the AGREEMENT until it has obtained all
insurance required herein and such insurance has been reviewed by MnSCU. Certificates shall be
on Form ACORD25.
CONTRACTOR shall procure and maintain, for the life of the AGREEMENT, or for as long as
required herein, insurance policies, including any amendments or additional insurance required
as follows:
1. Workers’ Compensation Insurance: The CONTRACTOR shall provide Workers’
Compensation insurance for all CONTRACTOR employees and, in case any Work is
subcontracted, the CONTRACTOR shall require the Subcontractor to provide Workers’
Compensation insurance in accordance with the statutory requirements of the State of
Minnesota, and including:
a. Coverage B, Employers Liability, at limits of not less than $100,000 bodily
injury by disease per employee; $500,000 bodily injury by disease aggregate;
and $100,000 bodily injury by accident.
b. Coverage C. All States coverage.
c. If applicable, USL&H, Maritime, Voluntary, and Foreign coverage.
Evidence of Subcontractors insurance shall be filed with the CONTRACTOR.
2. Commercial General Liability: The CONTRACTOR shall maintain insurance protecting
the CONTRACTOR from claims for damages for bodily injury, including sickness or disease,
death and for care and loss of services as well as from claims for property damage including loss
of use which may arise from operating under this AGREEMENT whether such operations be by
CONTRACTOR, Subcontractor, Sub-Subcontractor or by anyone directly or indirectly employed
under this AGREEMENT. Unless otherwise specified within this AGREEMENT, the
CONTRACTOR’s insurance minimum amounts will be as follows:
$2,000,000 - per occurrence
$2,000,000 - annual aggregate applying per project or location
$2,000,000 – annual aggregate applying to Product/Completed Operations
$50,000 – Fire Damage (any one fire)
$5,000 – Medical Expense (any one person)
In addition, the following coverages shall be included:
Premise and Operations Bodily Injury and Property Damage
Personal Injury and Advertising Injury
MINNESOTA STATE COLLEGES AND UNIVERSITIES
General Insurance Requirements for Contractors & Vendors
Rev. 9/7/11 Page 2 of 5
Products and Completed Operations Liability, to be maintained for at least three (3) years
after completion of the Work under this AGREEMENT.
Contractual Liability as provided in Insurance Services Office (ISO) form CG 00 01 04
13 or its equivalent
Pollution Exclusion with standard exception as per Insurance Services Office (ISO)
Commercial General Liability Coverage Form CG 00 01 04 13 or equivalent
Independent Contractors (let or sublet work)
Waiver of Subrogation in favor of MnSCU
Coverage will not contain any restrictive endorsement(s) excluding or limiting Broad
Form Property Damage (BFPD) or Explosion, Collapse, Underground (XCU)
Name the Board of Trustees of Minnesota State Colleges and Universities and its officers and
members, to include the Project’s College or University, the State of Minnesota, officers and
employees of the State of Minnesota, the Architect and its agents, as Additional Insured, to
the extent permitted by law, for claims arising out of the CONTRACTOR’s negligence or the
negligence of those for whom the CONTRACTOR is responsible for both ongoing and
completed operations, by endorsement, ISO Forms CG 20 10 and CG 20 37 or their
equivalent.
3. Business Automobile Liability: The CONTRACTOR will be required to maintain insurance
protecting the CONTRACTOR from claims for damages for bodily injury, as well as from claims
for property damage resulting from the ownership, operation, maintenance or use of all owned,
hired, and non-owned autos, which may arise from operations under the AGREEMENT, and in
case any Work is subcontracted, the CONTRACTOR will require the Subcontractor to provide
Commercial Automobile Liability. Unless otherwise specified within this AGREEMENT, the
CONTRACTOR’s insurance minimum amounts shall be as follows:
$2,000,000 - per occurrence Combined Single limit for Bodily Injury and
Property Damage.
The following coverages should be included:
Owned, Hired and Non-owned
4. Professional Liability Design Errors and Omissions (if applicable): If MnSCU specifies
that the CONTRACTOR, provide design-related services, and the CONTRACTOR provides
such services with its employees, the CONTRACTOR shall maintain insurance covering
negligent acts, errors or omissions arising out of the performance of such professional services
included in the Contract Documents. Additionally, the CONTRACTOR shall require its
architectural and engineering subconsultants, if any, to maintain professional liability insurance.
All such insurance shall be maintained for a minimum period of five (5) years following
Substantial Completion or earlier termination of the AGREEMENT. Unless otherwise specified,
the insurance minimum amounts shall be as follows:
Minimum limit liability of $2,000,000 per claim, $2,000,000 annual aggregate
Deductible not to exceed $50,000 (if in excess, submit certified financial statement)
MINNESOTA STATE COLLEGES AND UNIVERSITIES
General Insurance Requirements for Contractors & Vendors
Rev. 9/7/11 Page 3 of 5
If the policy is claims made, it shall contain the following language:
Prior acts or retroactive date of such coverage shall not be after the effective date of this
AGREEMENT.
Automatic or extended discovery provisions of five (5) years following completion or
earlier termination of the Project.
5. Property Insurance: Builder’s Risk: The CONTRACTOR shall be responsible to purchase
and maintain an “All Risk” or equivalent Builder’s Risk policy insuring the interest of
MnSCU, it’s Consultants, CONTRACTOR, and Subcontractor of all tiers. Coverage on an
“All Risk” or equivalent basis shall include the perils of flood, earthquake, and pollution
clean-up expense.
a. The Builder's Risk policy will cover all materials, supplies and equipment that are
intended for construction of and specific installation in the Project while such
materials, suppliers and equipment are located at the Project site, in transit, and while
temporarily located away from the Project Site for the purpose of repair, adjustment
or storage at the risk of one of the insured parties.
b. Any property not covered by the Builder's Risk policy, such as the CONTRACTOR’s
or any Subcontractor's licensed motor vehicles or personal property, including job
trailers, machinery, tools, equipment, and property of a similar nature not destined to
become a part of the Project, shall be the CONTRACTOR 's responsibility, and the
CONTRACTOR may self-insure or provide other insurance at its option for the same.
c. Waiver of Liability: Absent MnSCU or Architect negligence or breach of a specific
contractual duty specifically and logically related to the damage or loss, MnSCU or
Architect will not be responsible for loss or damage to property of any kind owned or
leased by the CONTRACTOR, the CONTRACTOR’s Subcontractors of all tiers,
and/or the CONTRACTOR’s/Subcontractor’s employees, servants, or agents.
d. Waivers of Subrogation: To the extent that loss or damage to property, materials,
supplies and equipment is covered by insurance, MnSCU, MnSCU’s Consultants of
all tiers, the CONTRACTOR and the CONTRACTOR’s Subcontractors of all tiers
waive all rights against each other and against the Architect and the Architect’s
subcontractors of all tiers for loss or damage to said property, material, supplies and
equipment. MnSCU shall require a conforming agreement from the Architect and the
Architect’s subcontractors of all tiers to waive rights against MnSCU and
CONTRACTOR and their respective consultants and subcontractors of all tiers. The
insurance policies providing the coverage referred to herein shall provide such
waivers of subrogation by endorsement or otherwise.
e. All losses and claims shall be immediately reported to MnSCU and applicable
insurance carrier.
f. Any loss, insured under paragraph 5. is to be adjusted with the CONTRACTOR and
made payable to the CONTRACTOR as trustee for all insured parties, as their
interests may appear, subject to the requirements of any applicable mortgagee clause.
The CONTRACTOR shall pay MnSCU a just share of any insurance moneys received
by the CONTRACTOR, and by appropriate agreement, written where legally required
for validity, the CONTRACTOR shall make payments to the Subcontractors and
lower tiered subcontractors in similar manner.
MINNESOTA STATE COLLEGES AND UNIVERSITIES
General Insurance Requirements for Contractors & Vendors
Rev. 9/7/11 Page 4 of 5
g. The CONTRACTOR shall be responsible for payment of insurance deductible at each
and every loss occurrence. The CONTRACTOR may self insure or obtain insurance
to cover any losses at it option. The CONTRACTOR’s insurance carrier will be
responsible for and pay the amount of any insured loss occurrence above any
deductible amounts specified herein, up to the Builder's Risk policy limit as it may be
applied to any loss under the AGREEMENT.
h. Partial occupancy or use shall not commence until the insurance company or
companies or self-insurer providing property insurance have consented to such partial
occupancy or use by endorsement or otherwise.
i. MnSCU shall purchase and maintain such boiler and machinery insurance as may be
required by the Contract Documents or by law. This insurance shall include the boiler
and machinery interest of MnSCU.
j. MnSCU, at their option, may purchase and maintain such insurance as will insure
them against loss of use of their property due to fire or other hazards, however caused.
Additional Insurance Conditions:
CONTRACTOR’s policy(ies) shall be primary and non-contributory to any other valid
and collectible insurances available to the State of Minnesota and the Board of Trustees
of the Minnesota State Colleges and Universities, to include the Project’s College or
University, with respect to any claim arising out of this AGREEMENT.
Insurance companies shall have an “AM BEST” rating of A- (minus) and a Financial Size
Category of VII or better, and shall be authorized to do business in the state of Minnesota.
Insurance companies may not waive their rights to assert the immunity of MnSCU as a
defense to any claims arising out of this AGREEMENT.
CONTRACTOR is responsible for payment of contract related insurance premiums and
deductibles.
If CONTRACTOR is self-insured for its obligation under the Worker’s Compensation
Statutes in the jurisdiction where the Project is located, a Certification of the Authority to
Self-Insure such obligations shall be provided.
The above establishes minimum insurance requirements. It is the sole responsibility of the
CONTRACTOR to determine the need for and to procure additional insurance that may be
needed in connection with this AGREEMENT.
Certificates of Insurance acceptable to the MnSCU shall be submitted prior to
commencement of the Work under this AGREEMENT. Such Certificates and the
insurance policies required shall contain a provision that coverage afforded under these
policies shall not be cancelled without at least thirty (30) days advanced written notice to
MnSCU. In the event of any cancellation, non-renewal, reduction or material change of
any policies, thirty (30) days written notice shall be given to MnSCU.
MINNESOTA STATE COLLEGES AND UNIVERSITIES
General Insurance Requirements for Contractors & Vendors
Rev. 9/7/11 Page 5 of 5
If Contractor receives a cancellation notice from an insurance carrier affording coverage
herein, Contractor agrees to notify the Minnesota State Colleges and Universities within
five (5) business days with a copy of the cancellation notice, unless Contractor's
policy(ies) contain a provision that coverage afforded under the policy(ies) will not be
canceled without at least thirty (30) days advance written notice to the Minnesota State
Colleges and Univiersities.
Upon written request of MnSCU, the CONTRACTOR shall provide a true copy of any
policy, and endorsement thereof, that is part of this AGREEMENT.
The failure of MnSCU to obtain Certificate(s) of Insurance, for the policy(ies) required as
described herein or renewals thereof, shall not constitute a waiver by MnSCU to the
CONTRACTOR to provide such insurance.
Obtain insurance policies to immediately terminate the AGREEMENT if the
CONTRACTOR is not in compliance with the insurance requirements and retains all
rights to pursue any legal remedies against the CONTRACTOR. All insurance policies
must be open to inspection by MnSCU, and copies of policies shall be submitted to
MnSCU‘s authorized representative upon written request.
6. Hold Harmless and Indemnification: The CONTRACTOR shall indemnify and hold
harmless the Board of Trustees of the Minnesota State Colleges and Universities and its officers
and members, the State of Minnesota, officers and employees of the State of Minnesota, the
Architect, Architect’s consultants, and agents, and employees of any of them from and against all
claims, damages, loss or expense (1) in attributable to bodily injury, sickness, disease, or death or
to injury to or destruction of tangible property (other than the Work itself), including loss of use
resulting there from and (2) is caused in whole or in part by any negligent act or omission of the
CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall
not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity or liability which would otherwise exist as to any party or person described in this
paragraph.