PR20113651_-_Contractor_Insurance_Requirements.docx

Buffalo and Fort Erie Public Bridge Authority Contractor Insurance Requirement

SECTION XII: INSURANCE

The CONTRACTOR shall provide the following coverages and limits:

1. The CONTRACTOR shall procure and maintain at its own expense, and without expense to the AUTHORITY, until final acceptance by the AUTHORITY of the work covered by the Contract, insurance for liability for damages imposed by Law, of the kinds and in the amount hereinafter provided with insurance companies authorized to do such business in the State of New York covering all operations under the Contract, whether performed by him or by a Sub-contractor.

1. Cancellation Notice: Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be cancelled or changed by the CONTRACTOR or Insurance Company without thirty (30) calendar days of written notice to the AUTHORITY of intention to cancel or change.

1. Indemnification: It is expressly understood that the CONTRACTOR shall indemnify and save harmless the AUTHORITY from claims, suits, actions, damages and costs of every name and description resulting from the negligent performance of the services of the CONTRACTOR under this Agreement and such indemnity shall not be limited by reasons of enumeration of any insurance coverage herein provided. Negligent performance of service within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONTRACTOR’S failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the CONTRACTOR or the AUTHORITY beyond such as may legally exist irrespective of this Article or this Agreement.

Such obligation does not extend to those suits, actions, damages and cost of every name which arise out of the sole negligence of the AUTHORITY, its agents or employees relative to the construction, alteration, repairs or maintenance of a building, structure, appurtenances and appliances including moving, demolition and excavating connected therewith.

1. Owners & Contractors Protective Liability: OCP – The Contractor shall also take out, pay for and maintain until completion and acceptance of the work required by this contract, a separate policy of insurance naming the owner as the sole insured. The original policy shall be in the amounts of $1,000,000 per occurrence for property damage, and shall provide coverage for the owner, its officers and employees with respect to said work. Said policy shall provide that the coverage afforded thereby shall be primary coverage to the full limits of liability stated in the declarations and if said owner, its officers and employees have other insurance against the loss covered by said policy. That other insurance shall be excess insurance only.

1. Comprehensive General Liability: The CONTRACTOR shall procure and maintain until final acceptance and at its own expense, comprehensive general liability to include:

0. Contractor’s Liability;

0. Contractor’s Protective Liability;

0. Completed Operations Liability;

0. Contractual Liability.

The limits of such insurance shall be not less than:

$1,000,000 combined single limit, each occurrence;

$2,000,000 aggregate.

1. Automobile: The CONTRACTOR shall procure and maintain until final acceptance and at its own expense, automobile liability and property damage insurance, covering the use, in connection with the work, of all owned, non-owned and hired vehicles required by the vehicle and traffic law of the State of New York to bear license plates. The coverage under such policy shall not be less than the following limits:

$1,000,000 combined single limit;

bodily injury and property damage.

1. Workers Compensation: The CONTRACTOR shall procure and maintain, until final acceptance and at its own expense, Workers Compensation and Employers Liability Insurance, covering the obligations of the CONTRACTOR in accordance with Workers Compensation and Employers Liability Insurance Law, covering all operations under the Contract, whether performed by it or its Sub-consultants or Suppliers.

1. Umbrella: Excess liability coverage for each of the above with a limit of $2,000,000 each occurrence and $2,000,000 aggregate.

The CONTRACTOR will provide Certificates of Insurance prior to commencing work. The Insurance policies must clearly include the Buffalo and Fort Erie Public Bridge Authority, its Board and AUTHORITY employees as additional insured. The CONTRACTOR will be required to maintain all coverages throughout the schedule of the Project. The cost of all insurances is the responsibility of the CONTRACTOR.