15 App A General Contract and Insurance Specifications (PSB Boiler Upgrade, Check).pdf

Appendix A

TIOGA COUNTY, NEW YORK

General Contract and Insurance Specifications

Project Description or Contract Number: Public Safety Building Boiler Upgrade Project

Date Issued: September 4th, 2026

Vendor name (“Contractor”): TBD

County Department: Public Works

Please read these specifications very carefully. These specifications are part of your contract with Tioga County. It is advisable that you forward a copy of these specifications to your insurance agent.

Tioga County’s waiver of any requirement(s) set forth herein shall not constitute a waiver of any other contract provision.

Part I. General Provisions

1. The Contractor shall procure and maintain during the term of this contract, at the Contractor’s expense, the insurance policies listed in Part II with limits equal to or greater than the enumerated limits.

2. Every required policy, including any required endorsements and any umbrella / excess policy, shall be primary insurance. Insurance carried by Tioga County, its officers, or its employees, if any, shall be excess and not contributory insurance to that provided by the Contractor.

3. Every required coverage type shall be on an “occurrence basis” unless otherwise specified or allowed.

4. The Contractor may utilize a combination of primary and umbrella/excess liability coverage to achieve the limits required hereunder; such coverage must be at least as broad as the primary coverage.

5. Proof of insurance coverage shall be provided on an ACORD 25 form or acceptable equivalent.

All insurance certificates must be approved by the County Department of Law or its designee.

6. The amount of self-insured retention or deductibles must be disclosed on the certificates of insurance. The contractor shall be solely responsible for any self-insured retention or deductible losses under each of the required policies.

7. Tioga County reserves the right to request a certified copy of any policy and any endorsement thereto.

8. All insurance shall be provided by insurance carriers licensed & admitted to do business in the State of New York and must be rated “A, XI” or better by A.M. Best (Current Rate Guide).

9. If the Contractor fails to procure and maintain the required coverage(s) and minimum limits such failure shall constitute a material breach of contract, whereupon Tioga County may exercise any rights it has in law or equity, including but not limited to the following:

(a) immediate termination of the contract;

(b) withholding any / all payment(s) due under this contract or any other contract it has with the vendor (common law set-off); OR

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(c) procuring or renewing any required coverage(s) or any extended reporting period thereto and paying any premiums in connection therewith. All monies so paid by Tioga County shall be repaid upon demand, or at the County’s option, may be offset against any monies due to the Contractor.

Part II. Required Insurance – Minimum coverage types and amounts

1.

Coverage Type Minimum Limits Commercial General Liability per standard ISO form or equivalent with no modification of coverage for contractual liability All endorsed policy exclusions shall be disclosed by submittal of forms.

General Aggregate $2,000,000 Products & Completed Operations Aggregate $2,000,000

Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Medical Expense $5,000

Tioga County shall be named Additional Insured, on a primary, non-contributory basis. The additional insured requirement shall be provided by ISO endorsement forms CG 20 10, CG 20 37 and CG 20 01 (or equivalent forms) and shall not contain any exclusion for bodily injury or property damage arising from completed operations. Submittal of the specified Additional Insured forms is required with the ACORD 25.

Automobile Liability ( Comprehensive Form) Must cover owned, non-owned, leased and hired vehicles.

$1,000,000 Combined Single Limit

Professional Liability If “Claims Made” coverage, must be maintained continuously for a minimum of two (2) years after contract termination

Shall not contain restrictions for Contractual liability Express warranties or guarantees Personal injury

$1,000,000 Each Claim $1,000,000 Annual Aggregate

Umbrella / Excess Liability (Following Form) To extend over CGL, Auto

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

Workers’ Compensation and Employer’s Liability

If you have no employees (sole proprietor) a NYS Workers’ Compensation Board issued waiver of the Workers’ Compensation requirement is acceptable

Part 1 – Statutory Part 2 – (Unlimited in NYS) $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Disease Each Employee

(Proof of either Workers’ Compensation Insurance or a NYS Workers’ Compensation Board issued waiver of the Workers’ Compensation insurance requirement is mandated by state law. There are no exceptions to this law.

2. The certificate face shall:

indicate coverages and minimum amounts required in part II.1 provide that the coverage(s) shall not be cancelled, terminated or materially changed

(including an insurance limits reduction) unless prior written notice has been given to the Tioga County.

3. The Additional Insured & Certificate Holder should read:

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County Of Tioga Attn: Law Department 56 Main Street, Owego, NY 13827

Part III Defense and Indemnification

The following provisions concerning indemnification shall not be construed to indemnify the County for damages arising from bodily injury to persons or property contributed to, caused by or resulting from the sole negligence of the County or its employees.

The Contractor agrees to indemnify and hold the County of Tioga and any officer, employee and/or agent thereof free and harmless from any and all loss(es), penalty(ies), damages, settlement(s), cost(s), charge(s), professional fee(s) or other expense(s) or liability(ies) of every kind arising from or relating to any and all claim(s), lien(s), demand(s), obligation(s), action(s), proceedings or causes of action of any kind in connection with, or arising directly or indirectly from the negligent error(s) and/or omission(s) and/or act(s) of the Contractor (including Contractor’s employees, agents and/or subcontractors) in the performance of this agreement.

Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder: any and all such claims, etc., relating to personal injury, death, damage to property, or any actual or alleged violation of any applicable statute (including specifically but not limited to New York State Labor Law §§ 200; 202; 240 & 241), ordinance, administrative order, executive order, rule or regulation, or decree of any court of competent jurisdiction in connection with, or arising directly or indirectly from, errors and/or negligent acts by the Contractor, as aforesaid.

Part IV Safety

Tioga County specifically reserves the right to suspend or terminate all work under this contract whenever Contractor and/or contractor’s employees or subcontractors are proceeding in a manner that threatens the life, health or safety of any of contractor’s employees, subcontractor’s employees, county employees or member(s) of the general public on county property. This reservation of rights by Tioga County in no way obligates Tioga County to inspect the safety practices of the Contractor.

If Tioga County exercises its rights pursuant to this part, the contractor shall be given three days to cure the defect, unless Tioga County, in its sole and absolute discretion, determines that the service cannot be suspended for three days due to Tioga County’s legal obligation to continuously provide contractor’s service to the public or Tioga County’s immediate need for completion of the Contractor’s work. In such case, Contractor shall immediately cure the defect.

If the Contractor fails to cure the identified defect(s), Tioga County shall have the right to immediately terminate this contract. In the event that Tioga County terminates this contract, any payments for work completed by the Contractor shall be reduced by the costs incurred by Tioga County in re-bidding the work and /or by the increase in cost that results from using a different vendor.

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