2023 AE Insurance Requirements.pdf

Insurance Requirements - A&E Subcontracts 6/2022 1

INSURANCE REQUIREMENTS ARCHITECT & ENGINEER SUBCONTRACTS

1. Insurance: This clause applies to work performed at the Fermi National Accelerator Laboratory

(Fermilab) worksite and incorporates the insurance requirements of Fermi Research Alliance, LLC.

2. Minimum Insurance Coverage: Before undertaking any work under this Subcontract, the

Subcontractor shall, except as otherwise approved by FRA, take out and maintain at its own cost and expense, insurance coverages in at least the amounts listed below, and in companies satisfactory to FRA.

LINE OF COVERAGE LIMITS

GENERAL LIABILITY

Commercial General Liability

☒Occurrence

EACH OCCURRENCE $1,000,000

GENERAL AGGREGATE

PRODUCTS - COMPLETED OPERATIONS

AGGREGATE

Coverage will be at least as broad as ISO form CG 00 01

$2,000,000

$2,000.000

AUTOMOBILE LIABILITY

Any Auto

☒Occurrence

COMBINED SINGLE LIMIT AND IN THE

AGGREGATE

Covering owned, non-owned, and hired automobiles with coverage at least as broad as ISO Business Auto Form CA 00 01

$1,000,000

EXCESS/UMBRELLA LIABILITY

For General, Automobile & Employers

Liability following form of underlying insurance

$1,000,000

PROFESSIONAL LIABILITY/ERRORS

& OMISSIONS

The retroactive date or prior acts exclusion shall pre-date the date of the Subcontract and the date services are first provided.

Coverage shall be maintained for a minimum of 5 years after project completion or, if cancelled, maintain an extended reporting period for 5 years after project completion.

$5,000,000

WORKER’S COMPENSATION AND

EMPLOYER’S LIABILITY

WC STATUTORY

LIMITS

OTHER As required by Illinois

Law

E.L. EACH ACCIDENT $1,000,000

E.L. DISEASE EA EMPLOYEE $1,000,000

E.L. DISEASE-POLICY LIMIT $1,000,000

3. Additional Insureds: All policies, except for Worker’s Compensation and Professional Liability, shall provide by appropriate language that Fermi Research Alliance, LLC, the University of Chicago, Universities Research Association, Inc., and the United States Government are additional insureds for all coverages, including but not limited to completed operations. The certificates shall state that waiver of subrogation is granted in favor of the additional insureds as required by written contract and that the insurance afforded by such policies is primary insurance, and that all rights of the insurer for contribution from other insurers are waived.

Insurance Requirements - A&E Subcontracts 6/2022 2

4. Exclusions/Terms Not Allowed:

a. General Liability policy provision or exclusion for claims by one insured against another insured if the provision or exclusion is based on the fact that the other claimant is an insured and there would otherwise be coverage for the claim;

b. General Liability policy provision or exclusion for claims for indemnity arising out of injury to employee(s) of Subcontractor or sub-subcontractor(s);

c. Provision in any policy allowing insurer to obtain reimbursement of defense costs;

d. Provision in any policy that erodes limits of insurance by insurer’s payment of defense costs.

5. Evidence of Insurance; Notice of Cancellation or Material Change in Coverage/Condition: .

The Subcontractor agrees to deliver to FRA within ten (10) days of the signing and delivery of this

Subcontract, certificates evidencing compliance with the requirements herein as well as all material amendatory endorsements. Upon request, Subcontractor will deliver certificates identifying an Additional

Insured as a certificate holder. The required policies must be endorsed to provide thirty (30) days’ notice to FRA of any cancellation (or 10 days’ notice of cancellation for non-payment). Subcontractor may provide the required notice of cancellation in lieu of the insurer if FRA consents in writing to the substitution of requirement. FRA reserves the right to obtain replacement coverage if Subcontractor does not and FRA may deduct the cost of the replacement insurance from amounts due to the Subcontractor.

The Subcontractor must agree to provide complete, certified copies of all required insurance policies if requested by FRA. Receipt or review by FRA or FRA’s representatives of any evidence of insurance coverage, failure to request such evidence of insurance coverage or failure to object to any evidence of insurance coverage that does not comply with these requirements, shall not be deemed a waiver of such requirements and shall not relieve Subcontractor of any obligation to comply with these insurance requirements.

6. Sub-Subcontractor Insurance Requirements: Insurance requirements, including the Additional

Insureds requirement, shall apply to all sub-subcontractors, consultants and others doing work in connection of this Subcontract. However, Subcontractor shall determine the insurance limits required on a per sub-subcontractor basis, taking into account the particular work to be done by the sub-subcontractor or others doing work under the Subcontract, and the interrelationship of that work together with other work being conducted by the Subcontractor. Before permitting any sub-subcontractor to perform any work, Subcontractor shall obtain certificates of insurance or other suitable evidence that each sub-subcontractor maintains insurance appropriate for the particular work to be done by the sub-subcontractor.

7. Indemnification: The Subcontractor shall indemnify FRA for any expense incurred or loss suffered by FRA for the failure of the Subcontractor to comply with the insurance requirements for this Subcontract.