Addendum No. 1 T-1926-0150-10.25.docx.pdf

TO: All Prospective Bidders

FROM: Maryland Transit Administration

SUBJECT: Addendum No. 1 T-1926-0150 Repair or Replacement of Seven Grade Crossings on the Centreville and Chestertown Freight Lines

DATE: October 25, 2021

Addendum No. 1 is forty-three (43) pages and includes the following:

Key Info Sheet:

ITEM No. 1 --- Questions due date and Time: Monday, November 1, 2021 at 12pm ITEM No. 2 --- Bid Due Date and Time: Tuesday, November 16, 2021 at 12:00 pm Local Time (EST)

Notice to Contractors (NTC) ITEM No. 3--- (2) Deadline for Questions: Monday, November 1, 2021 at 12pm

Summary of Work ITEM No. 4 --- 1.3 Contract Documents:

The Contract Drawings, Standard Plates and Reference Drawings, contained in the

Contract Specifications Book or bound separately in the Contract Drawings Books. The drawings shall be made available to the bidder by written request. The bidder shall sign and return a non-disclosure agreement prior to receiving access to drawings

Owner Controlled Insurance Programs (OCIP) ITEM No. 5 --- The Most updated version of the OCIP manual has replaced the previously attached manual and is attached to this addendum for your convenience. This procurement is OCIP eligible.

All other terms and conditions remain unchanged.

Sincerely, Darica Lawson Darica Lawson Procurement Officer II

Acknowledgement of receipt of Addendum No. 1 to T-1925-0150

Vendor Name: ___________________________________________________________

Authorized Representative’s Signature Date

This is the end of Addendum No. 1

Maryland Transit Administration 6-3-21

Maryland Transit Administration

Owner Controlled Insurance Program 2 (OCIP 2)

OCIP

INSURANCE

MANUAL

1515 Washington Boulevard Baltimore, MD 21230

This Manual is a contract document

T A B L E O F C O N T E N T S

OCIP OVERVIEW

ABOUT THIS MANUAL

What This Manual Does What this Manual Does NOT Do

OCIP PROJECT DIRECTORY

PROJECT DEFINITIONS

OCIP INSURANCE COVERAGE

EXCLUDED PARTIES

OCIP EVIDENCE OF COVERAGE

DESCRIPTION OF OCIP COVERAGES

CONTRACTOR REQUIRED COVERAGE

VERIFICATION OF REQUIRED COVERAGES

CONTRACTOR MAINTAINED COVERAGES

SAMPLE COI – EXAMPLE

HOW TO UPLOAD A DOCUMENT (CERTIFICATE OF INSURANCE)

CONTRACTOR RESPONSIBILITIES

CONTRACTOR BIDS

IDENTIFYING TRADE CONTRACTOR INSURANCE COSTS

ENROLLMENT

HOW TO ACCESS THE AONWRAP APPLICATION

HOW TO LOGIN

NOTICE OF AWARD – NOTIFICATION OF CONTRACTOR TO AON

ASSIGNMENT OF PREMIUMS

PAYROLL REPORTS

CHANGE ORDER PROCEDURES

INSURANCE COMPANY PAYROLL AUDIT

CLOSEOUT AND AUDIT PROCEDURES

OCIP TERMINATION OR MODIFICATION

NEED ASSISTANCE WITH AONWRAP OR OCIP FORMS COMPLETION?

ON-SITE CLAIM PROCEDURES

GENERAL PROCEDURES

INVESTIGATION ASSISTANCE

WORKER’S COMPENSATION CLAIMS

RETURN TO WORK PROGRAM – TEMPORARY ALTERNATIVE POSITION

SAMPLE OFFER OF TEMPORARY ALTERNATIVE POSITION LETTER

LIABILITY CLAIMS

BUILDER’S RISK CLAIMS

AUTOMOBILE CLAIMS

POLLUTION CLAIMS

LOSS RUNS

OCIP FORMS

BIDDING CHECKLIST

FORM 3

FORM 1A

O C I P O V E R V I E W

OCIP Overview Welcome to the Maryland Transit Administration Owner Controlled Insurance Program

(OCIP)

Each Contractor of any tier is required to bid per the instructions outlined in Contractor Responsibilities section of this manual. Maryland Transit Administration may modify this bidding and insurance cost identification as necessary based on the specific contract requirements. You should notify your insurer(s) to endorse your coverage to be excess and contingent over the OCIP coverage provided under this Program for onsite activities and the related costs.

NOTE: Insurance coverages and limits provided under the OCIP are limited in scope and are specific to work performed after the inception date of your enrollment into this program. Your insurance representative should review this information. Any additional coverage you may wish to purchase will be at your option and expense.

About This Manual

Maryland Transit Administration and Aon Risk Services (Aon) prepared the Insurance Manual. Maryland Transit Administration is the Sponsor for this OCIP. Aon is the OCIP Administrator for this OCIP. The manual is designed to identify, define and assign responsibilities for the administration of the OCIP for this project.

What This Manual Does

This Manual:

▪ Generally describes the structure of the OCIP

▪ Identifies responsibilities of the various parties involved in the Project

▪ Provides a basic description of OCIP coverage

▪ Describes audit and administrative procedures

▪ Provides answers to basic questions about the OCIP

What this Manual Does NOT Do

This Manual does not:

▪ Provide coverage interpretations

▪ Provide complete information about coverages and exclusions

▪ Provide answers to specific claims questions

Refer questions concerning the OCIP, its administration or coverages to the appropriate party identified in the Project Directory, in Section 2.

DISCLAIMER:

The information in this manual is intended to outline the OCIP insurance coverages and Contractor responsibilities. In the event any provision of the Insurance Manual or the Contract Documents conflicts with the OCIP insurance policies, the provisions of the actual OCIP insurance policies shall govern.

O C I P P R O J E C T D I R E C T O R Y

OCIP Project Directory

OCIP Program Administrator – Aon Construction Services Group 1120 20th St., NW, Suite 600 Washington, DC 20036

Works with Subcontractors: Elizabeth Astudillo, Wrap-Up Specialist

Wrap-Up Hotline: 866-566-5334 Ext 4

Wrap-Up Fax Number: 800-363-6695

Wrap-Up Email: ACS.Construction@Aon.com

#570000032077/Maryland Transit Administration/Project Number/Project Name

Program Manager Ellen Rowan

Telephone: 202-862-5306 Cell: 301-928-1933 E-mail: ellen.rowan@aon.com

Program Administrator Rebecca Nester

Telephone: 215-255-1834 Cell: 610-329-0099 E-mail: rebecca.nester@aon.com

Risk Consultant Chris Demas

Telephone: 617-457-7664 Cell: 617-717-8156 E-mail: chris.demas@aon.com

MFL Loss Control Consultant Will Higgins

Cell: 202-309-5666 E-mail: williamhiggins@mfl-consulting.com

MFL Loss Control Consultant

TBD

Cell:

E-mail:

Claims Manager Todd MacDermott

Telephone: 617-457-7654 Cell: 781-962-8241 E-mail: todd.macdermott@aon.com

Assistant Chief Safety Officer – Occupational Safety & Emergency Management James Reilly

Telephone:410-454-7293 E-mail: JReilly@mdot.maryland.gov

Safety Engineer Doy Miller

Telephone:410-454-7295 E-mail: dmiller6@mdot.maryland.gov

Risk Analyst & Construction Safety Coordinator Mia Liley

Telephone: 410-454-7264 E-mail: mliley@mdot.maryland.gov

Claims Management Solutions Karen Treciak

Telephone:410-404-3127 E-mail: ktreciak@cms-na.com mailto:ellen.rowan@aon.com mailto:rebecca.nester@aon.com mailto:chris.demas@aon.com mailto:williamhiggins@mfl-consulting.com mailto:todd.macdermott@aon.com mailto:JReilly@mdot.maryland.gov mailto:dmiller6@mdot.maryland.gov mailto:mliley@mdot.maryland.gov mailto:ktreciak@cms-na.com

O C I P P R O J E C T D E F I N I T I O N S

Project Definitions

TERM DEFINITION

AONWRAP Aon’s RMIS system that manages all information for the Maryland Transit Administration OCIP for administrative NCCI purposes. All Contractors are required to enter their payroll reports and notices of work completion and monitor their subcontractors via the AonWrap web at https://www.aonwrap.aon.com

Please contact the Aon Program Administrator to obtain a secured user

ID.

AONWRAP WEBSITE https://www.aonwrap.aon.com

OCIP INSURER: The insurance company(ies) named on a policy or certificate of insurance providing coverage for the OCIP.

OCIP PROGRAM

ADMINISTRATOR:

1120 20th St., NW, Suite 600 Washington, DC 20036

OCIP SPONSOR:

OCIP: A “OCIP" or Owner Controlled Insurance Program is a coordinated insurance program providing certain coverages, as defined herein, for Maryland Transit Administration and eligible Enrolled Parties performing Work at the Project Site.

CERTIFICATE OF INSURANCE: A document providing evidence of existing coverage for a particular insurance policy or policies.

ELIGIBLE PARTIES/ELIGIBLE

CONTRACTORS OF ANY TIER

Parties performing labor or services at the Project Site who are eligible to enroll in the OCIP unless an Excluded Party.

ENROLLED PARTIES/ENROLLED

CONTRACTORS

Those Eligible Contractors of any tier who have submitted all necessary enrollment information and evidenced by a Welcome Letter and Certificate of Insurance from the OCIP Administrator.

EXCLUDED PARTIES/EXCLUDED

CONTRACTORS OF ANY TIER:

At the discretion of Maryland Transit Administration, or subject to State Regulations or policy conditions, the following parties will be excluded from the OCIP. Excluded parties will receive confirmation from the OCIP Administrator confirming their status prior to starting work on the project site.

(1) Hazardous materials remediation, removal and/or transport companies and their consultants;

(2) Any Contractor performing Structural Demolition via blasting or wrecking ball;

(3) Architects, engineers, all testing firms, including soil testing engineers and their consultants;

(4) Vendors, suppliers, fabricators, material dealers, truckers, haulers, drivers and others who merely transport, pickup, https://www.aonwrap.aon.com/ https://www.aonwrap.aon.com/

O C I P P R O J E C T D E F I N I T I O N S

TERM DEFINITION

deliver, or carry materials, personnel, parts or equipment or any other items or persons to or from the Project Site;

(5) Contractors, and any of their respective Subcontractors, who do not come to the Project Site;

(6) Any parties or entities specifically designated by Maryland Transit Administration at its sole discretion, may be enrolled or excluded, even if otherwise eligible.

PROFESSIONAL

EMPLOYER ORGANIZATION

(AKA “PEO”; EMPLOYEE

LEASING COMPANY;

OUTSOURCED EMPLOYEE

MANAGEMENT COMPANY;

EMPLOYEE LEASING FIRM)

A professional employer organization (PEO) is a firm that provides a service under which an employer can outsource employee management tasks, such as employee benefits, payroll and workers' compensation, recruiting, risk/safety management, and training and development.

PROJECT SITE: Generally defined as the “project location” (more fully identified in the Contract/Subcontract) and adjacent or nearby areas where incidental operations are performed excluding permanent locations of any insured party.

SUBCONTRACT: A written or oral agreement between the Maryland Transit Administration / Contractor and Subcontractors of any tier.

CONTRACTOR: Includes only those persons, firms, joint venture entities, corporations, or other parties that enter into a Contract with Maryland Transit Administration or its Contractor or Subcontractors of any tier to perform Work at the Project Site. Generically referred to as “Contractor”.

WELCOME LETTER: A document issued by the OCIP Administrator, which confirms enrollment of the applicant into the OCIP.

WORK: Operations, as fully described in the Subcontract, performed at the Project Site.

O C I P I N S U R A N C E C O V E R A G E

OCIP Insurance Coverage

Excluded Parties

Excluded Parties are not granted any insurance coverage under the OCIP. Excluded Parties must meet the insurance requirements established in the subcontract and provide evidence of coverage to OCIP Administrator.

OCIP Evidence of Coverage

Each Enrolled Party will be issued an individual workers’ compensation policy provided by the OCIP primary insurer. The OCIP Administrator will provide a Certificate of Insurance evidencing workers’ compensation, general liability, and excess liability to each Enrolled Party, each of who will be added as an Additional Named Insured to the OCIP General Liability insurance policy. The Insurance Carrier will furnish other documents including claim forms, posting notices, etc., to each Enrolled Party. Copies of the General Liability policy will be available for review at Maryland Transit Administration’s offices upon written request.

Description of OCIP Coverages

The following descriptions on these pages provide a summary of coverages ONLY. Contractors should refer to the policies for actual terms, conditions, exclusions and limitations.

Maryland Transit Administration will furnish the following coverages for the benefit of all Enrolled Parties performing Work at the Project Site.

Workers’ Compensation and Employer’s Liability

Coverage: Statutory limits required by the Workers’ Compensation laws of the applicable jurisdiction, excluding monopolistic states, with Employer’s Liability. A separate worker’ compensation policy will be issued to each enrolled Party.

Part One - Workers’ Compensation: Statutory Limit Part Two - Employer’s Liability: Annual Limits Per Enrolled Party

Bodily Injury by Accident, each accident $ 1,000,000 Bodily Injury by Disease, each employee $ 1,000,000 Bodily Injury by Disease, policy limit $ 1,000,000

▪ This policy does not cover offsite operations.

Commercial General Liability

Coverage: Third Party Bodily Injury and Property Damage Liability. A single general liability policy will be issued for all Enrolled Parties with all Enrolled Parties Named as Insureds

Limits of Liability Shared by All Enrolled Parties General Aggregate (per Project) $ 4,000,000 Products/Completed Operations Aggregate $ 4,000,000 Personal/Advertising Injury Each Occurrence $ 2,000,000 Each Occurrence Limit $ 2,000,000 Damage to Premises Rented to You $ 500,000 Medical Expense – Any One Person $ 10,000

▪ Limitation of Coverage to Designated Premises or Project

▪ Ten (10) Year Products/Completed Operations Extension (single, non-reinstated aggregate limit applies to extension period)

▪ Waiver of Transfer of Rights to Recover against Others where required by an “Insured Contract” and as evidenced by a Certificate of Insurance on file with the CIP Administrator

Excess Liability

Coverage: Excess over primary Third Party Bodily Injury and Property Damage General Liability. A single excess liability policy will be issued for all Enrolled Parties.

Limits of Liability Shared by All Enrolled Parties Each Occurrence Limit $ 50,000,000 Aggregate Limit (Annual Limit during Premises Period) $ 50,000,000

▪ Excess Coverage is over Commercial General Liability (IF APPLICABLE: Employers Liability, Auto Liability)

▪ A master Excess Liability policy will be issued for all Enrolled Parties as named Insureds and is available for review upon request.

▪ The Excess Liability policy will follow terms, conditions and exclusions of the underlying General Liability unless defined differently in the Excess Policy.

Builder’s Risk

Coverage pays for direct losses to buildings or other property during construction (repair or replacement of property) and limited indirect losses arising out of a covered loss. The policy applies to:

• All work at the Job Site including labor and materials to be incorporated into the work;

▪ Materials adequately protected and stored at the Job Site that will be incorporated into the work.

A blanket policy limit provides "All Risks" of direct physical loss or damage, subject to policy exclusions, on each occurrence. The policy limits and sub-limits are as listed below. Limits of Liability are shared by All Enrolled Parties.

This coverage provides, but is not limited to:

▪ $75,000,000 Loss Limit (Total limit of coverage), subject to sub-limits of:

o 75,000,000 Physical Damage to Project per Occurrence o Delay in Opening Coverage o $1,000,000 Property in Transit per Conveyance o $1,000,000 Offsite Temporary Storage per Occurrence o $2,500,000; whichever is less Expediting and Extra Expense per Occurrence o $2,500,000; whichever is less Debris Removal per Occurrence o $100,000 Trees, Shrubs, Plants and Landscaping per Occurrence o $500,000 Protection Service Charges o $100,000 Fire Protective Equipment Recharge o $500,000 Valuable Papers and Records o $100,000 Claim Preparation Expenses o $100,000 Protection for Insured Property Pre-Loss o $100,000 Architect and Engineer Fees o $2,500,000 Building Ordinance or Law o Testing Coverage o $10,000 Business Personal Property o Named Windstorm Coverage o Delay in Completion/Soft Costs o $100,000 Loss Adjustment Expenses o $250,000 Errors and Omissions o $75,000,000 annual aggregate for earth movement o Annual aggregate for flood – see terms & conditions o $100,000 Pollution or Contamination Cleanup o $100,000 Limited Coverage for Fungus, Wet Rot, Dry Rot or Bacteria

Enrolled Parties (to the extent required by contract or subcontract) are Additional Named Insureds.

▪ Includes coverage for the insured’s property under construction, including materials, supplies, machinery, fixtures and equipment which will become a permanent part of the project. Coverage provides protection against risk of direct physical loss or damage subject to policy conditions and exclusions.

Contractor’s Pollution Liability

This policy applies to all enrolled Contractors working at the Job Site. Maryland Transit Administration notifies the carrier by providing the insurance company with a list and description of each construction project along with the total project budget.

Limits of Liability Shared by All Enrolled Parties Each Occurrence Limit $ 5,000,000 Annual General Aggregate Limit $ 10,000,000

Coverage: policy provides coverage for on-site cleanups, as well as off-site cleanups related to on-site remediation in the event the enrolled Contractor is negligent and exacerbates the existing pollution condition. This policy also provides coverage for third-party claims alleging bodily injury, property damage, or cleanup costs arising from the construction activities associated with the designated projects.

▪ Ten (10) years Completed operations coverage for all Enrolled Parties.

Railroad Protective Liability

This policy applies to all enrolled Contractors working at the Job Site. Maryland Transit Administration notifies the carrier by providing the insurance company with a list and description of each construction project along with the total project budget.

Limits of Liability Shared by All Enrolled Parties Each Occurrence Limit $ 5,000,000 Policy Term Aggregate Limit $ 10,000,000

Coverage: This policy provides coverage for bodily injury, property damage, or physical damage to property or any combination of all three for all enrolled contractors within fifty (50) feet of railroad arising from the construction activities associated with the designated projects.

▪ Physical damage to property means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured’s care, custody and control.

▪ The policy contains exclusions. Silica, Absolute Asbestos, Nuclear Energy Liability

Property of Contractor and Subcontractors

Contractors of any tier are advised to arrange their own insurance for rented, owned, leased or borrowed equipment and materials not intended for inclusion in the Project. The Maryland Transit Administration OCIP will not cover Contractor’s or Subcontractor’s property.

S U B C O N T R A C T O R R E S P O N S I B I L I T I E S

Contractor Required Coverage Contractors and all Subcontractors are required to maintain coverage to protect against losses that occur away from the Project Site or that are otherwise not covered under the OCIP. All Certificates of Insurance must be submitted to the OCIP Administrator prior to Mobilization.

Contractors of any tier are required to maintain insurance coverage for the duration of the Subcontract that protects Maryland Transit Administration from liabilities and provide Maryland Transit Administration with evidence of such coverage via a copy of a Certificate of Insurance. Please refer to your contract for details.

These liabilities may arise from the Contractor’s or Subcontractors’ operations performed away from the Project Site, from coverages not provided by the OCIP, or from operations performed by Excluded Parties. The OCIP places all Contractors into one of two main categories: Enrolled Parties or Excluded Parties.

Enrolled Parties are to provide evidence of Workers’ Compensation, General Liability and Excess/Umbrella Liability insurance for offsite activities and Automobile Liability and any other insurance as per the insurance specifications for both onsite and offsite activities in the Subcontract.

Excluded Parties must provide evidence of Workers’ Compensation, General Liability, Excess/Umbrella Liability, Automobile Liability, and any other insurance as per the insurance specifications in the subcontract for all activities including both onsite and offsite activities as per the insurance specifications in the Subcontract.

Verification of Required Coverages

Contractors shall provide verification of insurance to the AON OCIP Administrator prior to mobilization and within five (5) days of any renewal, change or replacement of coverage. A sample of an acceptable certificate of insurance is provided in Section 8 (Forms). Please note that Contractors required insurance coverages must include waivers of subrogation and additional insured statuses as noted here and in the contract. Note the contractual requirement that the Contractor must provide the Maryland Transit Administration advance written notice of at least sixty (60) days in case of cancellation, material change in policy terms or coverage non-renewal.

The limits of liability shown for the insurance required of the Contractors are minimum limits only and are not intended to restrict the liability imposed on the Contractors for work performed under their Contract.

If a Contractor is terminated under the OCIP for the portion of the project put to its intended use, or where a temporary or permanent certificate of occupancy is issued, but remains on-site for non-OCIP site work, the Contractor will be considered “Excluded” and must provide the tiered coverage enumerated herein for Excluded Contractors. Any exceptions will be at the sole discretion of the MTA Risk Management Department.

Contractor Maintained Coverages

Workers’ Compensation and Employer’s Liability (Enrolled & Excluded) Part One – Statutory Limit for the State of Maryland

Part Two – Annual Limits Employer’s Liability Limits

Bodily Injury by Accident, each Accident: $ 500,000 Bodily Injury by Disease, each employee: $ 500,000 Bodily Injury by Disease, policy limit: $ 500,000

Commercial General Liability (Enrolled & Excluded) Limits of Liability

General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury Aggregate $ 1,000,000 Each Occurrence Limit $ 2,000,000

• Coverage must be on an Occurrence form and applies to bodily injury and property damage for operations (including explosion, collapse and underground coverage), independent contractors, products and completed operations.

Excess/Umbrella Liability (Enrolled & Excluded)

Limits of Liability Each Occurrence Limit $ 5,000,000

Automobile Liability (Enrolled & Excluded)

Limits of Liability Combined Single Limit $ 1,000,000 Bodily Injury and Property Damage

• Commercial Business Auto Policy covering all owned, hired and non-owned automobiles, trucks and trailers.

• Coverage will apply both at and away from the Job Site.

Property Insurance (Enrolled & Excluded) Contractors and subcontractors must provide their own insurance for owned, leased, rented and borrowed equipment, whether such equipment is located at a Job Site or “in transit.” Contractors and subcontractors are solely responsible for any loss or damage to their personal property including, without limitation, property or materials created or provided under the Contract until installed at the Job Site, Contractor tools and equipment, scaffolding and temporary structures.

Watercraft and Aircraft Liability (Enrolled & Excluded) The operator of any watercraft or aircraft of any kind used in the Work must maintain liability insurance naming the Maryland Transit Administration and the respective Contractor and/or subcontractor as an additional insured with primary and non-contributory wording. In addition, the limit of liability must be satisfactory to MTA. Such insurance requirements will be determined as the need arises.

Pollution Liability (Enrolled & Excluded) Contractors and subcontractors with Work involved in the removal or treatment of hazardous materials will provide and maintain Contractors’ Pollution Liability insurance. Such coverage will specifically schedule the type of work defined in the Contract.

Limits of liability for Contractor’s Pollution Liability Insurance for Parties involved in abatement work:

Limits of Liability Combined Single Limit per Occurrence $2,000,000 General Annual Aggregate $2,000,000

If transporting hazardous waste/materials to/from the Job Site, appropriate MCS-90 Endorsement must be attached and supplied by Contractor on a primary basis with a $5,000,000 limit of liability.

Professional Liability (Enrolled & Excluded) If required by the contract, for architects, engineers, surveyors, planners, consultants and other related professionals. The policy must provide $1,000,000 limit per claim and $3,000,000 annual aggregate.

Insurance Certificates (For enrolled Contractors and those excluded from the OCIP) All Contractors shall provide a valid and properly executed certificate of insurance citing the coverage required for Enrolled Contractors and Excluded Contractors to the Aon OCIP Administrator before performing any work.

Applicable policies must be written through an insurance company possessing a rating not less than A-VII or higher established by the A.M. Best Company. Note the contractual requirement that the Contractor must provide the Maryland Transit Administration advance written notice of at least sixty (60) days in case of cancellation, material change in policy terms or coverage non-renewal.

Note: Contractor’s Automobile Liability, General Liability and Excess/Umbrella Liability Policies must name the Maryland Transit Administration, its officials, employees and agents and any wholly owned subsidiaries as additional insureds and must state that coverage is afforded on a primary and non-contributory basis.

The Resident Engineers and Area Managers of MTA have the right to stop work or prevent any non-enrolled Contractor or subcontractor of any tier from entering the Job Site until the Contractor's certificate has been filed.

Denial of site access for this reason will not be accepted as the basis for a delay claim.

Waivers of Subrogation All Contractors and subcontractors of any tier agree to waive all rights of subrogation against each other and the Maryland Transit Administration, its officers, agents, employees and any of its insurers regarding any insured loss, whether the insurance is provided by the OCIP or purchased by the Contractor for the project.

Contractors and subcontractors of any tier must agree that this waiver applies to its insurers, including any insurance policies covering physical loss or damage to owned, non-owned, or leased machinery, watercraft, vehicles, tools, or equipment.

The Maryland Transit Administration shall waive all rights of subrogation against the Contractors and subcontractors of any tier as respects any insured loss covered under the OCIP for those enrolled Contractors and subcontractors.

Note: Contractor’s Workers’ Compensation & Employer’s Liability, General Liability, Automobile Liability, Excess/Umbrella Liability and Property insurers shall provide Waiver of Subrogation in favor of Maryland Transit Administration.

Additional Insured Wording:

Maryland Transit Administration, its officials, employees and agents and any other wholly owned subsidiaries as Additional Insureds on Commercial General Liability, Auto Liability, Umbrella or Excess Liability as respects claims or liabilities arising from, or connected with Contractor’s work, operations, and completed operations. Coverage is primary and non-contributory. Waiver of Subrogation applies in favor of Additional Insureds on all policies.

Sample COI – EXAMPLE

How to Upload a Document (Certificate of Insurance)

1. Navigate to the contract and Click Upload Document

2. You can upload any of the following document “types”

FILE TYPE EXTENSION

Text Files .txt

Worksheets .xls,.xlsx,.wrk,.wls

Web .htm,.html

Images .jpg,.gif,.bmp,.tif,.png

Compressed Files .zip,.rar

PDF Files .pdf

Word Files .doc,.docx

Presentations .ppt,.pptx

1. Your document NAME cannot contain any of the following characters # ~ % & { }

2. Select the Document Type and add a description – then click on Save & Close

Contractors are responsible for monitoring their Subcontractor’s Certificates of Insurance. Maryland Transit Administration reserves the right to disapprove the use of Subcontractors unable to meet the insurance requirements or who do not meet other Maryland Transit Administration policy requirements.

The limits of liability shown for the insurance required of the Contractors of any tier are minimum limits only and are not intended to restrict the liability imposed on the Contractor’s or Subcontractors for work performed under their subcontract. Please refer to your subcontract for details.

Contractor Responsibilities The Contractor and its Subcontractors are required to cooperate with Maryland Transit Administration and the OCIP Administrator in all aspects of OCIP operation and administration. Throughout the course of the OCIP, all parties will be responsible for reporting and maintaining certain records as outlined in this section.

The responsibilities include, but are not limited to:

• Complying with the provisions of the OCIP Manual and cooperating in the administration and operation of the OCIP

• Identifying and removing from your bid the cost of OCIP-provided insurance

• Providing each subcontractor with a copy of the OCIP Insurance Manual and the Maryland Transit Administration Construction Safety Manual

• Enrolling in the OCIP and assuring all subcontractors promptly enroll in the OCIP prior to the start of any work

• Including OCIP provisions in all subcontracts as appropriate

• Providing timely evidence of insurance to the OCIP Administrator

• Notifying the OCIP Administrator of all subcontracts awarded

• Maintaining and reporting monthly payroll records

• Cooperating with the OCIP Administrator’s requests for information

• Complying with insurance, claim and safety procedures

• Reporting claims promptly and cooperating with all follow-up requests

• Notifying the OCIP Administrator immediately of any insurance cancellation or non-renewal of Contractor-required insurance

• Posting the “Workers’ Compensation Law Compliance Notification” and an “In Case of Work Related Accident” notice in the work area or construction trailer

• Complying with the Maryland Transit Administration’s Construction Safety Manual and all other contractual safety and loss control requirements

Contractor Bids

Maryland Transit Administration provides Workers’ Compensation, General Liability and Excess Liability insurance for all Enrolled Parties under the OCIP for Work performed at the Project Site. The section below, “Identifying Contractor and Subcontractor Insurance Costs” describes the procedures for bidding.

Identifying Trade Contractor Insurance Costs

Each subcontractor is required to exclude from its bid its normal cost for the insurance coverages that are provided under the OCIP program (including sub-subcontracted work whether or not the sub-subcontractor is identified at the time of the bid). All insurance costs will be removed from each subcontractor’s subcontract and labor rates/hourly wages. Each subcontractor is also required to provide an “insurance add alternate bid”, specifying the additional cost for the subcontractor to provide insurance for the Project as if the OCIP Insurance coverages were not provided (“Subcontractor Insurance Cost”).

OWNER may modify this bidding and insurance cost identification as necessary by the specific project requirements.

To aid in identifying its subcontractor Insurance Costs, every subcontractor is required to submit with its insurance add alternate bid a completed Insurance Cost Worksheet (Aon Form-1a) along with copies of the following, along with the charge normally included for each of the following lines of insurance coverage.

▪ Workers’ Compensation declarations page and rating pages

▪ General Liability declarations page and rating pages

▪ Umbrella or Excess declarations page and rating pages

▪ Experience modification worksheet

▪ Labor Rates Form (for wage build-up) sheets, including all renewals

Please Note: Any form that is completed should only contain information on your self-performed work. Each of your sub-subcontractors is required to complete and submit the same forms for their own self-performed work.

The Aon Form 1a details the Insurance Costs for each subcontractor’s own insurance program.

Estimated unburdened payroll (payroll without benefits and overtime), and projected subcontract amount are also captured on the Aon Form 1a. This information, along with the insurance documentation outlined below, is used by Aon to verify the adequacy of the submitted subcontractor Insurance Costs and establish the Verified Blended Payroll Rate.

A minimum of 15% for Profit and Overhead will be included in the Insurance Cost. In the event of a “flat” excess policy for a subcontractor or sub-subcontractor, OWNER or the OCIP Administrator will calculate a rate (or back into a rate) based upon information provided. If the subcontractor is self-insured, or carries any deductible for its Workers’ Compensation and/or General Liability program, then the following must also be provided along with the Aon Form 1a:

▪ Copies of deductible page(s) from the policy in question or copy of the “plan documents”, copy of the self-insured “rating” page or plan agreement, or 5 years of past dividend calculations

▪ 5 Years of loss history

▪ 5 Years of annually audited payroll

The information provided will be used by OWNER or the OCIP Administrator to develop the self-insured or deductible “loss fund” or verify the dividend credit. In the event the requested information is not provided, OWNER or its OCIP Administrator may disallow the deductible, self-insured retention or dividend credit from the verified blended payroll rate calculation; or the deductible amount will be added to the development of the verified blended payroll rate calculation.

In those instances where the Aon Form 1a is not completed correctly; or are not specific to the scope of work; or the scope of work has changed; the subcontractor may be asked to re-complete the forms for their work or their subcontracted work. OWNER or the OCIP Administrator may also perform a recalculation based upon revised estimated payrolls or copies of rating information.

A new Aon Form 1a may be required or the OCIP Administrator will adjust the Aon Form 1a if the estimated payroll on the Aon Form 3 (Enrollment Form) is different that the payroll on the Aon Form 1a. The Estimated Payroll on the Aon Form 1a is the estimate that will now be used in the final adjustment calculation.

Please Note: Failure to submit any OCIP insurance Forms as required may result in the withholding of payments until required documentation is received or a liquidated damage imposed by OWNER for failure of you or your sub-subcontractors to comply with the OCIP documentation requirements.

Enrollment

Each Contractor and subcontractor of any tier shall provide details about its Sub-subcontractors as necessary for OCIP enrollment. All of the information requested on the Enrollment Application form (Aon Form 3) in Section 8 is required for enrollment. This form must be completed and submitted to the OCIP Administrator prior to mobilization to obtain coverage under the OCIP via AonWrap.

How to Access the AonWrap Application

You can access AonWrap by entering https://www.aonwrap.aon.com in your Internet Browser.

How to Login

Once at the AonWrap home page:

• Enter your unique User ID and enter your Password

• Click on the LOGIN button to gain access to the secure AonWrap application

• Please note that the first time you log on you will be requested to change your password

• Contact the OCIP Administrator to obtain a User ID http://www.aonwrap.aon.com/

Notice of Award – Notification of Contractor to Aon

• Within a contract, click the “Action” button, and select “New NOA.” The NOA screen opens for you to begin entering information.

Once enrollment is complete, the OCIP Administrator will issue to each Enrolled Party a Welcome Letter and a OCIP Certificate of Insurance acknowledging acceptance of the applicant into the OCIP. The insurance carrier will issue a separate Workers’ Compensation policy to each Enrolled Party.

Please Note: Enrollment is not automatic! Enrollment into the OCIP is required, but not automatic. Access to the Project Site will not be permitted until enrollment is complete. Eligible Contractors and subcontractors MUST complete the enrollment forms and submit to the OCIP Administrator who will confirm complete enrollment into the OCIP. If a Contractor or subcontractor obtains access to the site, with or without Maryland Transit Administration’s knowledge, OCIP coverage will not be provided if sub is not enrolled.

Un-enrolled/excluded subs do not have any insurance coverage under the OCIP.

Assignment of Premiums

Maryland Transit Administration pays the cost of the OCIP insurance coverage. All Enrolled Parties will assign, to Maryland Transit Administration, all adjustments, refunds, premium discounts, dividends, deductible payments, costs or any other monies due from or to the OCIP insurer(s). Contractors will assure that Subcontractor has executed such an assignment.

Payroll Reports

In order to administer the workers’ compensation policy, by the 10th of each month every Enrolled Party must submit to the OCIP Administrator an Onsite Payroll Report via the AonWrap website identifying man-hours and payroll for all work performed at the Project Site. This report shall classify the labor expended at each Project Site according to the Standard Workers' Compensation Insurance Classification and included in the Contractor’s Enrollment Form (Aon Form 3). Payroll should be reported via AonWrap website at https://www.aonwrap.aon.com/default.asp Please contact the Aon Administrator for a user id and password.

NOTE: The Monthly Payroll Report should include the “straight-time” payroll and the “straight-time” portion of any “overtime” payroll for all OCIP qualified employees, including onsite supervisors and onsite clerical personnel.

A monthly payroll report must be submitted for each month, including “zero (0) payroll” for those months were no onsite labor was expended, until completion of the work under each Subcontract. For those Contractors performing Work under multiple subcontracts, a separate Onsite Payroll Report is required for each Subcontract.

How to Report Payroll

1. From your contract, click on the Forms ribbon “Payroll” Button and select “New Payroll Report”

2. Enter information on your onsite activity for the reporting period https://www.aonwrap.aon.com/default.asp

3. Enter your signature information- Fields with “*” are required

4. When you have completed the entry of all your information, click on “Save and Submit” on your

Payroll Detail Ribbon at the top of the form

Change Order Procedures

Contractors will price Change Orders to exclude their Insurance Cost and must provide an estimated payroll, including Contractors estimated payroll, amounts for work performed under the Change Order, unless otherwise directed by Maryland Transit Administration.

Insurance Company Payroll Audit

Each Enrolled Party is required to maintain payroll records for each Subcontract. Such records will allocate the payroll by Workers’ Compensation classification(s) and exclude the excess or premium paid for overtime (i.e., except for projects in the state of Pennsylvania and Delaware, only the straight time rate will apply to overtime hours worked). Furthermore, such records will limit the payroll for Executive Officers and Partners/Sole Proprietors to the limitations as stated in the State manual rules.

It is important that you properly classify payrolls, as these are reported to the rating bureau for promulgation of future Experience Modifiers for your firm. All Enrolled Parties shall make available their books, vouchers, contracts, documents, and records, of any and all kinds, to the auditors of the OCIP insurance carrier(s) or Maryland Transit Administration’s representatives. Availability of records must be for a reasonable time during the policy period, any extension, or during a final audit period as required by the insurance policies.

Closeout and Audit Procedures

An enrolled Contractor or Subcontractor must submit the Notice of Work Completion when a Contractor and/or Subcontractor have completed its Work at the Project Site and no longer has onsite workers. The Notice of Work Completion will initiate the final payroll report and audit of payroll and man-hours by the OCIP Insurer.

Notice of Work Completion should be reported via AonWrap website at https://www.aonwrap.aon.com/default.asp Please contact the Aon Administrator for a user id and password.

Should the Contractor or Subcontractor return to the Project Site, for any reason, they will do so under their own insurance program and must provide Maryland Transit Administration with a Certificate of Insurance showing their own coverage as detailed in the Subcontract.

Maryland Transit Administration will not release final retention payment until all necessary forms have been submitted and accepted by the OCIP Administrator as well as all requirements of their Subcontract Agreement.

https://www.aonwrap.aon.com/default.asp

OCIP Termination or Modification Maryland Transit Administration may, for any reason, modify the coverage provided by the OCIP insurance policies, discontinue the OCIP or any part thereof, or request that a Contractor or any of its Enrolled Subcontractors of any tier withdraw from the OCIP upon written notice. Upon such notice Contractor and/or one or more of its Enrolled Subcontractors, as specified by Maryland Transit Administration in such notice, shall obtain and thereafter maintain during the performance of the Work, all (or a portion thereof as specified by Maryland Transit Administration) replacements of the OCIP Coverages. The cost of the replacement insurance shall be at Maryland Transit Administration’s expense, but only to the extent of the applicable costs of the OCIP insurance policies and equal to, or the applicable proportion of, the Contractor’s alternative for insurance coverages as verified by the OCIP Administrator.

Need Assistance with AonWrap or OCIP Forms Completion?

1. Click on Help

2. Click on AonWrap Help

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O N - S I T E C L A I M P R O C E D U R E S

On-Site Claim Procedures

General Procedures

It is the responsibility of the Contractor and subcontractors to report all incidents, injuries, occupational-related illnesses or property damage to the MTA Resident Engineer and Risk Manager within twenty (20) minutes. All Contractors and subcontractors of all tiers will instruct their employees and other personnel of this mandatory requirement.

Failure to report incidents, injuries, occupational-related illnesses or property damage timely will be considered a violation of the project safety rules and regulations.

Note: Any notification of claims or incidents to any parties other than the MTA Resident Engineer and Risk Manager does not constitute proper notification.

Investigation Assistance

All Contractors and subcontractors must assist in the investigation, defense of any accident, occurrence or insured loss. This may include securing and giving evidence and obtaining the participation and attendance of witnesses required for the investigation and defense of any claim or lawsuit. Any questions concerning a loss should be directed to the MTA Risk Manager. Any inquiries or correspondence received regarding an incident occurrence or insurance loss shall be forwarded to the MTA Risk Manager and Project Resident Engineer.

The insurance carrier will investigate and negotiate resolution of a loss that is insured under the OCIP. Enrolled Contractors WILL NOT attempt to adjust or settle any claims unless it is determined by the MTA Risk Manager and/or Aon (Broker) that a loss is not covered under the Owner Controlled Insurance Program policies.

If an enrolled Contractor or subcontractor is served with a summons, subpoena, notice of deposition, or suit papers related to an OCIP claim or coverage provided under the OCIP, the Contractor should:

1. IMMEDIATELY NOTIFY your Project Resident Engineer, and the MTA Risk Manager of the document. Failure to do so may result in denial of a covered claim.

2. SEND a copy of the document as soon as possible to the MTA Risk Manager by email at:

Mia Liley Office of Safety Management and Risk Control Maryland Transit Administration 1515 Washington, Boulevard, Suite 2200B Baltimore, MD 21230 EMAIL: MLiley@mdot.maryland.gov CC: DMiller6@mdot.maryland.gov & ktreciak@cms-na.com

3. Be sure to note (and send with the document):

a. the date the document was served (received);

b. how the document was served (hand delivery, mail, fax, etc.); and

c. the person on whom the document was served.

mailto:MLiley@mdot.maryland.gov mailto:DMiller6@mdot.maryland.gov

Instructions

1. Please refer to the OCIP Manual Claim Procedures for the initial claim notification process and ensure the injured worker seeks proper and appropriate medical attention.

2. When the injured worker(s) seek treatment at the medical facility, information for billing inquiries and treatment are noted the OCIP Manual.

3. Within 20 minutes of an accident, incident or near miss at the jobsite, The Resident Engineer and MTA Risk Management should be notified. MTA Incident Investigation Report Forms 102 and 102A should be completed and referred to MTA Risk Management within 48 hours.

Contact information for MTA Risk Management:

Office of Safety Management and Risk Control Maryland Transit Administration 1515 Washington, Boulevard, Suite 2200B Baltimore, MD 21230

PHONE: 410-454-7264

EMAIL: MLiley@mdot.maryland.gov CC: DMiller6@mdot.maryland.gov & ktreciak@cms-na.com mailto:MLiley@mdot.maryland.gov

INCIDENT INVESTIGATION REPORT

Form 102

PART 1

Date of Incident: Time of Incident: Date of Investigation:

Resident Engineer: Contract Number:

Company:

Company/Human Resources Contact Information:

Location of Incident:

Weather Conditions:

Describe what the employee was doing at the time of the incident:

Did injury result? Yes/No . If yes Employee Name(s):

Proceed to Part 2

PART 2

Body part(s) affected:

Disposition: Employee Sent to

Type of Injury:

Doctor Employee refused treatment

Emergency Room Result impression

Personal Physician 1st Aid Only

On-Site Medical Station Medical Recordable

Other Lost Time or Restricted Duty

Employee Supervisor and Phone Number:

Witnesses Name Phone Number:

Circle the Number of Identifying Contributing Factors:

1. Absent/Improper Guarding

2. Defective Equipment

3. Weather/Temperature

4. Inappropriate PPE

5. Inadequate Housekeeping

6. Slippery/Uneven Walking Surface

7. Improper Layout of Work Area

8. Inadequate Ventilation

9. Inadequate Lighting or Noise Control

10. Improper Storage or Placement of Materials

11. Insect/Animals in Work Area

12. No at Risk Condition Identified

13. Other

14. Operating Without Authority

15. Improper Use of Equipment

16. Inadequate Procedures

17. Use of Defective Equipment/Tools

18. PPE Not Used

19. Inadequate/Inappropriate Training

20. Improper Position or Posture

21. Horseplay

22. Altercation

23. No at Risk Act Identified

24. Other

PART 3

How Did the Incident Occur?

What Object or Substance was Involved?

Any Previous or Similar Incidents? Project Specific: Company Wide:

What Factors Contributed to the Incident

Was a safe plan of action or/JSA developed for the task being performed? Yes/No . If yes, attach a copy.

What corrective actions are being taken to prevent recurrence? Also list the person responsible for implementing and the target completion date for each item.

________________________________________________________________________________. Continue on back…

Supervisor/Investigation Team Members: ___________________________________________________________________________

Name(s) Signature(s)/Date

FORM 102 09/2020

WITNESS STATEMENT/INTERVIEW

Form 102A

Name: Title:

Date: Time:

Temporary Address: Phone No.

Permanent Address: Phone No.

Location at Time of Incident:

Describe, to the best of your knowledge, what happened just before, during, and just after the incident:

___________________________________________. Continue narrative on the back of this page, if needed.

Signature: _________________________________________________________

Attach to Incident Report Form 102A Rev. 09/2020

Worker’s Compensation Claims

1. Ensure the injured worker receives immediate medical attention.

2. The employee must report all injuries or illnesses to his/her supervisor or department designee immediately and the MTA Project Resident Engineer (no exceptions).

3. Contact designated first aid/medical personnel, transport the injured party to the on-site first aid or medical facility, as necessary.

4. Provide the medical provider with the Medical Provider Instructions located on Pg. 28.

5. Report all injuries or occupational-related illnesses immediately to the injured worker’s employer, project supervisor, MTA Project Resident Engineer and Risk Manager.

The MTA Project Resident Engineer MUST notify the following team of an incident within 20 minutes:

Office of Safety Management and Risk Control Maryland Transit Administration 1515 Washington, Boulevard, Suite 2200B Baltimore, MD 21230 EMAIL: MLiley@mdot.maryland.gov CC: DMiller6@mdot.maryland.gov & ktreciak@cms-na.com

The General Contractor, contractor/subcontractor is required to report the claim to the carrier immediately using one of the two options/instructions below by either calling in the claim or reporting the claim to the carrier directly online.

mailto:MLiley@mdot.maryland.gov

Toll-free Claims Reporting Quick Reference Sheet for

Workers' Compensation Claims

1-877-265-5186

Option #1-Claimline:

To report your workers' compensation claims quickly and efficiently, please have the following information ready when you call your toll-free claims reporting service. This is a general listing for your quick reference.