Addendum 1_ODF Santiam Fire and Admin_DOJ approved.pdf

INVITATION TO BID

S-DASOBO-00015003

SOLICITATION ADDENDUM #1

ODF Santiam Fire & Admin Buildings S-DASOBO-00015004 ADDENDUM # 1 Page 1 of 5

This Solicitation Addendum modifies the Bid Document(s) only to the extent indicated herein. All other areas not specifically mentioned or affected by this Solicitation Addendum shall remain in full force. This Solicitation Addendum shall be added as a part of the Original Bidding Documents.

This Solicitation Addendum must be acknowledged by providing the required signature prior to Bid Closing. Failure to do so may result in rejection of Bid.

1 Modification

Insurance Requirements:

Section 3.6.1 Asbestos Liability Endorsement on Attachment D-5 Insurance Requirements has been modified to require an Asbestos Liability Endorsement. The changes are shown in Addendum #1 Attachment D-5 Insurance Requirements with yellow highlighting.

PROTEST

Protests to this addendum must be submitted in the same manner required in RFP Section 4.4 – Solicitation Protests and are due by Tuesday, November 25rd @ 5:00PM PT.

Acknowledgement of Addendum #1

Bidder Name: Company Name:

Authorized Representative Signature & Date

END OF ADDENDA #1

ODF Santiam Fire & Admin Buildings S-DASOBO-00015004 ADDENDUM # 1 Page 2 of 5

Addendum 1

ATTACHMENT D-5

INSURANCE REQUIREMENTS

ITB S-DASOBO-00015003

ODF Santiam Fire & Administrative Buildings

[FOR BIDDERS: BIDDERS ARE ENCOURAGED TO CONSULT THEIR INSURANCE AGENT(S)

ABOUT THE INSURANCE REQUIREMENTS AS IDENTIFIED IN THIS ATTACHMENT D-5 PRIOR

TO BID SUBMISSION.

BIDDERS MUST SATISFY THESE INSURANCE REQUIREMENTS BY OBTAINING INSURANCE

COVERAGE FROM INSURANCE COMPANIES OR ENTITIES ACCEPTABLE TO STATE THAT

ARE ALLOWED TO PROVIDE SUCH INSURANCE UNDER OREGON LAW. ELIGIBLE INSURERS

INCLUDE ADMITTED INSURERS THAT HAVE BEEN ISSUED A CERTIFICATE OF AUTHORITY

FROM THE OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES

AUTHORIZING THEM TO DO AN INSURANCE BUSINESS IN THE STATE OF OREGON, AND

CERTAIN NON-ADMITTED SURPLUS LINES INSURERS THAT SATISFY THE REQUIREMENTS

OF APPLICABLE OREGON LAW AND ARE APPROVED BY CONTRACTING AGENCY.

CONTRACTING AGENCY’S APPROVAL WILL BE BASED ON ITS ASSESSMENT OF THE NON-

ADMITTED SURPLUS LINES INSURER AND THE SUITABILITY OF SURPLUS LINES

INSURANCE FOR THIS PARTICULAR PROCUREMENT.]

INSURANCE REQUIREMENTS

Contractor shall obtain at Contractor’s expense the insurance specified in this Section G.3 prior to performing under the Contract and shall maintain it in full force and at its own expense throughout the duration of the Contract, as required by any extended reporting period, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

G.3.2 WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS

656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $1,000,000 each accident. If Contractor is an employer subject to any other state’s workers’ compensation law, Contractor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $1,000,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.

G.3.3 COMMERCIAL GENERAL LIABILITY

Required Not required

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Commercial General Liability Insurance covering bodily injury and property damage written on an ISO CG 00 01 10 01 (or equivalent). This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under the Contract, and shall have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000.

G.3.4 AUTOMOBILE LIABILITY

Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability).

G.3.5 CONTRACTOR’s PROFESSIONAL LIABILITY

Professional Liability insurance covering any damages caused by an error, omission or any negligent acts related to the work, including design services, to be provided under the Contract by the Contractor and Contractor’s subcontractors, agents, officers or employees in an amount not less than $1,000,000 per claim. Annual aggregate limit shall not be less than $2,000,000. If coverage is on a claims made basis, the retroactive date of the policy must be prior to the inception of the work and an extended reporting period equal to the statute of ultimate repose shall be included in the Professional Liability insurance coverage.

G.3.6 POLLUTION LIABILITY

Pollution Liability Insurance covering Contractor’s or appropriate Subcontractor’s liability for bodily injury, property damage, loss of use of property, government ordered cleanup costs, natural resource damage, environmental damage, and environmental or natural resource damage resulting from sudden, accidental and gradual pollution and related cleanup costs incurred by Contractor, or Subcontractor if the coverage is obtained by the Subcontractor, all arising out of the goods or materials delivered or Services/Work (including transportation risk) performed under the Contract is required.

The per-loss limit shall be no less than $500,000. Annual aggregate limit shall not be less than $1,000,000.

An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or Subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the goods or materials delivered or Services/Work (including transportation risk) performed by Contractor under the Contract is also acceptable.

G.3.6.1 Asbestos Liability Endorsement

The Contractor, or the Subcontractor, if the coverage is obtained by the Subcontractor, shall provide an Asbestos Liability endorsement to the pollution liability coverage. If an endorsement cannot be obtained, the Contractor or Subcontractor shall provide separate Asbestos Liability Insurance at the same combined single limit per occurrence and annual aggregate limit as the Pollution Liability Insurance with the policy endorsed to state that the annual aggregate limit of liability shall apply separately to the Contract.

G.3.6.2 Lead Liability Endorsement

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The Contractor, or the Subcontractor, if the coverage is obtained by the Subcontractor, shall provide a Lead Liability endorsement to the pollution liability coverage. If an endorsement cannot be obtained, the Contractor or Subcontractor shall provide separate Lead Liability Insurance at the same combined single limit per occurrence and annual aggregate limit as the Pollution Liability Insurance with the separate policy endorsed to state that the annual aggregate limit of liability shall apply separately to the Contract.

G.3.7 EXCESS/UMBRELLA INSURANCE

Excess/umbrella insurance coverage in the sum of $10,000,000 shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Automobile Liability, and Employers' Liability coverage.

G.3.8 BUILDERS RISK INSURANCE

X Required Not required

G.3.8.1 Builders Risk During the term of the Contract, Contractor shall maintain and keep in effect Builders Risk insurance on a special form, including earthquake and flood, covering risks of physical loss or damage to the structure(s) including, without limitation, the transmission lines to the interconnected facilities, buildings, temporary structures, materials, supplies and equipment to be incorporated in the Work. For new construction, the Contractor shall secure, be responsible for payment of premium, deductibles and any penalties associated with the policy. The policy shall include coverage for “soft costs” resulting from delay in construction. As applicable, such insurance shall cover all building(s), structures, facilities or other improvements, as outlined in the Contract, during construction and testing, and shall include the Owner, Design-Builder (if applicable), Consultants, Contractors, and Subcontractors, sub-subcontractors to the Project as insureds. Any deductible shall not exceed $6,000,000.00 for each loss, except the earthquake and flood deductible shall not exceed five (5) percent of each loss or $6,000,000000, whichever is more. The policy shall be written on a replacement cost basis and shall contain an agreed amount endorsement waiving any coinsurance penalty. The policy shall include as loss payees the Owner, the Contractor and its Subcontractors as their interests may appear. The minimum policy limit shall be equal to or exceed the full amount of the Contract.

G.3.8.2 Builders Risk Installation Floater For other than new construction the Contractor shall obtain and keep in effect during the term of the Contract, a Builders Risk Installation Floater for coverage of the Contractor's labor, materials and equipment to be used for completion of the Work performed under the Contract. The minimum amount of coverage to be carried shall be equal to the full amount of the Contract. This insurance shall include as loss payees the Owner, the Contractor and its Subcontractors as their interests may appear.

G.3.8.3 Builders Risk Period Such insurance shall be maintained until the later of (a) final payment is made, or (b) no person or entity other than the Owner has an insurable interested in the covered property.

G.3.8.4 Builders Risk Losses A loss insured under the Builders Risk and Builders Risk Installation Floater shall be adjusted by the Owner and made payable to the Owner for the insureds, as their interests may appear. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. The Owner shall have power to adjust and settle a loss with insurers.

G.3.9 ADDITIONAL INSURED

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The Commercial General Liability insurance and Automobile Liability insurance required under the Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under the Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 04 13 or equivalent.

G.3.10 EXTENDED REPORTING

If any of the required insurance is on a claims made basis and does not include an extended reporting period through the statute of ultimate repose, Contractor shall maintain continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of the Contract, for a period equal to the statute of ultimate repose following the later of (i) Contractor’s completion and Agency’s acceptance of all Services and Work required under the Contract, or, (ii) The expiration of all warranty periods provided under the Contract.

G.3.11 CERTIFICATE(S) AND PROOF OF INSURANCE

Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services and Work required under the Contract. The Certificate(s) shall include the Contract number and list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured.

If a Contractor Pollution Liability coverage requirement includes an Asbestos Liability, Lead Liability or both Asbestos Liability and Lead Liability endorsement(s), copies of the endorsement(s) must be provided with the Certificate. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in the Contract.

G.3.12 NOTICE OF CHANGE OR CANCELLATION

The Contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

INSURANCE REQUIREMENTS